Court No. - 45 Case :- APPLICATION U/S 482 No. - 12508 of 2010 Petitioner :- Arvind Mishra Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Satsangi Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This is an application under Section 482, Cr.P.C. for setting aside the
preliminary order dated 19.1.2010 passed by the District Magistrate, Budaun
in case no.48/10 whereby notice under Section 110/111, Cr.P.C. has been
issued against the applicant.
Heard Mr. Pankaj Satsangi, learned counsel for the applicant, learned AGA
ad perused the record.
Mr. Satsangi argued that simply on the basis of a single criminal case the
proceedings under Section 110/111, Cr.P.C. were started by the concerned
Magistrate and therefore, the proceedings are liable to be quashed.
I do feel that the argument which is being placed here can well be placed
before the Magistrate while replying to the preliminary order dated 19.1.2010
and in such view of the matter, this is not a fit case for giving indulgence by
this Court as an alternative remedy is already available to the applicant.
Accordingly, the petition has no force and is dismissed.
However, it is directed that the trial court shall consider the aforesaid
argument of Mr. Satsangi while taking up the case before it.
Order Date :- 7.7.2010
T. Sinha