Neeraj Rathor vs State Of U.P. And Another
2016 Latest Caselaw 4845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 22232 of 2016
 

 
Applicant :- Neeraj Rathor
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Surendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

This application has been moved under Section 482 C.P.C for quashing the impugned order of N.B.W dated 2010.2015 passed by Special Chief Judicial Magistrate, Agra, in Case No. 7878 of 2009 - (State Vs. Subhash & Ors.) arising out of case crime no. 129  of 2009, under Sections 147, 341, 188 I.P.C, Police Station - Tajganj, District Agra, pending before IIIrd Additional Chief Judicial Magistrate, Agra, and further to stay the further proceeding of the above referred case.

Heard learned counsel for the parties and perused the record.

From the order-sheet dated 20.10.2015 filed with the application, it can be inferred that on that date only accused - Kali Charan, was present and exemption application on behalf Ram Sewak was moved, whereas N.B.W was issued to the rest of the accused persons. As per that order N.B.W against rest of the accused was running from prior to that date so the facts narrated in the present application are wrong and consequently the same is dismissed for giving wrong facts.

The application is dismissed accordingly.

Order Date :- 03.08.2016.

Vinod.