Allahabad High Court
Dr. Shishir Srivastava vs State Of U.P. Thru. Its Prin. Secy. Home ... on 18 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:75801 Court No. - 15 Case :- APPLICATION U/S 482 No. - 10276 of 2024 Applicant :- Dr. Shishir Srivastava Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
Instant application has been filed with the prayer to quash the order dated 18.5.2024 passed by learned Additional Principal Judge, Room No.1, Family Court, Lucknow in Criminal Misc. Case No.225 of 2023 filed under Section 340 of Cr.P.C.
Learned counsel for the applicant, at the very outset, submits that the applicant had moved application under Section 340 Cr.P.C. which was dismissed though on the wrong advice, application under Section 340 of Cr.P.C. was instituted whereas the applicant has remedy under Section 344 of Cr.P.C. Learned trial court has also not taken note of this fact and dismissed the application under Section 340 Cr.P.C. on the other premises.
He further submits that to meet the ends of justice, the applicant may be granted liberty to move application under Section 344 of Cr.P.C. before the trial court.
Learned counsel for the State has no objection to the submission aforesaid.
Considering the submission of the learned counsel for the parties, it transpires that admittedly the application under Section 340 Cr.P.C. was moved before the trial court and that was dismissed, whereas the counsel for the applicant has submitted that he will move an application under Section 344 of Cr.P.C.
Be that as it may, without entering into the merits of the case, the applicant is given liberty, on his own request, to move application under Section 344 Cr.P.C. ignoring the order dated 18.4.2024 passed by the trial court. Further the issue of the maintainability of the application Section 344 of Cr.P.C. is open to be decided by the trial court.
Instant application stands disposed of accordingly.
Order Date :- 18.11.2024 Ram Murti