HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10091 of 2011 Petitioner :- Mewa Lal Respondent :- State Of U.P. & Others Petitioner Counsel :- Kshatresh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner and learned standing counsel for the State.
The present petition has been filed for quashing the order dated 06.08.2010 passed by Chief Judicial Magistrate Kaushambi, District-Kaushambi in Application No. 83 of 2010 (Mewa Lal Vs. Santosh and others), whereby application of the petitioner filed under Section 156(3) Cr.P.C. has been rejected.
The petitioner has an alternative remedy open to him by way of moving an appropriate application before the concerned Court below, if so advised, as per provisions of Criminal Procedure Code.
Accordingly, the prayer for quashing the order dated 06.08.2010 is hereby refused.
In case, the petitioner moves an appropriate application before the concerned Court below as per provisions of Criminal Procedure Code, the same shall be decided expeditiously, as early as possible in accordance with law.
With the aforesaid directions, this petition is disposed off.
No order as to costs.
Order Date :- 10.6.2011 Sunil Kr. Gupta