Allahabad High Court
Smt. Radha vs State Of U.P. on 29 January, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 19731 of 2020 Applicant :- Smt. Radha Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Brijesh Kumar Singh, learned counsel for applicant and learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging order dated 26.9.2020 passed by Additional District Judge-II Kanpur Nagar in S.T. No. 211 of 2018 arises from Case Crime No. 257 of 2015, under 323, 504, 509 IPC P.S. Nawabganj, District Kanpur Nagar, whereby Court below has rejected application dated 28.1.2020 filed by applicant in terms of Section 319 Cr.P.C.
At the very outset, learned A.G.A. submits that present application under section 482 Cr.P.C. is not maintainable. Proper remedy for applicants is to challenge impugned order by means of criminal revision in terms of Section 397 Cr.P.C.
When confronted with aforesaid, learned counsel for applicants could not overcome the same.
In view of above, present application is liable to be dismissed as not maintainable.
It is, accordingly, dismissed as not maintainable.
Certified copy of impugned order may be returned to learned counsel for applicants after obtaining photo copy of the same to be kept on record.
Order Date :- 29.1.2021 Arshad