Ashok Kumar Ahooja vs State Of U.P. And 3 Others
2022 Latest Caselaw 13929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 16703 of 2022
 

 
Applicant :- Ashok Kumar Ahooja
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Dheeraj Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned AGA for the State and perused the record of the case.

The instant application has been moved on behalf of the applicant to quash the order dated 1.12.2021 passed by Additional District Judge, Court No.13, Kanpur Nagar in Misc. Case No.2278/74/19 by which application moved by the applicant under Section 340 CrPC has been dismissed.

Learned counsel for the applicant submitted that the order dated 1.12.2021 passed by the court below is wholly illegal as from the perusal of the impugned order itself, it reflects that the court below while passing the impugned order dated 1.12.2021 admitted the fact that opposite party no.2 to 4 filed a wrong affidavit before the court but in spite of that instead of proceeding against him under Section 340 CrPC court below dismissed the application moved by the applicant and after such observation of the court below, the order dated 1.12.2021 is illegal.

Per contra, learned AGA submitted that while passing the impugned order the court below relied upon the judgment of the Apex Court passed in the case of Iqbal Singh Marwah and another vs. Meenakshi Marwah and another, AIR 2005 SC 2119 and therefore, there is no illegality in the impugned order dated 1.12.2021 and the instant application is liable to be dismissed.

I have heard learned counsel for both the parties and perused the record of the case.

From the perusal of the record it reflects that the applicant moved an application before the court concerned to initiate the proceedings under Section 340 CrPC against opposite party nos.2, 3 and 4 as they filed a wrong affidavit before the court concerned but the court below dismissed the application moved by the applicant under Section 340 CrPC. From the perusal of the impugned order dated 1.12.2021, it further reflects that the court below after relying upon the judgment of the Constitution Bench of the Apex Court in the case of Iqbal Singh Marwa (supra) dismissed the application moved by the applicant. As the impugned order dated 1.12.2021 is based on the ratio and the law laid down by the Constitution Bench of the Apex Court, therefore from any corner it cannot be said that the impugned order dated 1.12.2021 is illegal. Learned counsel for the applicant could not show any illegality in this regard committed by the court below while passing impugned order.

Therefore, in this view of the matter, I find no merit in the arguments advanced by learned counsel for the applicant and the instant application being devoid of merit is hereby dismissed.

Order Date :- 27.9.2022

SP