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Neutral Citation No. - 2025:AHC:108802 Court No. - 72 Case :- APPLICATION U/S 482 No. - 37988 of 2024 Applicant :- Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jay Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Jay Prakash Yadav, learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the
order dated 09.08.2024 passed in Misc Case No. 459/2023 (Monu vs Shri Vishal Singh and others) Special Judge (S.C/ST Act), Gautam Buddh Nagar whereby the learned court below rejected the application under section 156 (3) Cr.P.C. Police Station Kasna, District-Gautam Buddh Nagar.
3. Counsel for the applicant submits that the learned Magistrate, without application of judicial mind, rejected the application of applicant filed U/s 156(3) Cr.P.C. He further submitted that the
order passed by learned Magistrate is arbitrary and is liable to be quashed.
4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that trial court, after considering the facts and circumstances of the case, has rightly rejected the 156(3) Cr.P.C. application of the applicant. Trial court has observed while deciding the application U/s 156(3) Cr.P.C. that contents prima facie discloses civil nature dispute and only to give criminal colour, instant application has been filed. Lastly he submits that the order passed by learned Magistrate is just and proper.
5. Considering the argument raised by counsel for the parties and perused the entire record, it is evident that the order passed by trial court dated 09.08.2024 do not suffer from any illegality or infirmity and no interference is warranted, at this stage.
6. The present 482 application is hereby dismissed.
Order Date :- 9.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad