Citation : 2015 Latest Caselaw 2939 ALL
Judgement Date : 6 October, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29952 of 2015 Applicant :- Rijwan Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Madan Singh, learned counsel for the applicant, and Sri Awadesh Saxena, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding arising out from the Case No. D 2014133800379/2015, under Section 3 U.P. Control of Gunda Act, 1970, Police Station Didauli, District Amroha (State VS. Rijwan), pending in the court of Commissioner, Moradabad Division Moradabad, and further prayed for stay the further proceeding of the aforesaid case.
The present application is not maintainable under Section 482 Cr.P.C., against the impugned order of externment passed by the District Magistrate, Moradabad, and upheld by the Divisional Commissioner, Moradabad.
Accordingly the same is dismissed as not maintainable. It would be open to the applicant to seek appropriate legal remedy available under law.
Office is directed to return the certified copy of the impugned order to the learned counsel for the applicant, retaining the photocopy of the same on record.
Order Date :- 6.10.2015/VKG
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