Jargam @ Jargam Abbas Mirza vs. State Of U.P.

Court No. - 66

Case :- APPLICATION U/S 482 No. - 36916 of 2022

Applicant :- Jargam @ Jargam Abbas Mirza Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Nimesh Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

1. Heard Mr. Amit Kumar, Advocate holding brief of Mr. Vinod Kumar, the learned counsel for applicant and the learned AGA for State.

2. Challenge in this application under section 482 Cr.PC is to the order dated 11.10.2022 passed by Additional Civil Judge (Junior Division) First/ Judicial Magistrate, Jaunpur, District-Jaunpur in Complaint Case No. 5495of 2022 (Maniram Vs. Rajadanish Mirza) under Section 138 N. I. Act, Police Station-Kotwali, District Jaunpur whereby application under Section 319 Cr.P.C. filed by first informant/opposite party-2 has been allowed and consequently, applicant has been summoned in aforementioned complaint case.

3. At the very outset, the learned AGA has raised a preliminary objection regarding maintainability of present application under Section 482 Cr.P.C. He submits that since the order impugned in present application is a final order, therefore, same is revisable in terms of Sections 397/401 Cr.P.C. He, therefore, submits that present application is liable to be dismissed on the ground of alternative remedy.

4. When confronted with above, learned counsel for

applicant could not overcome the same.

5. In view of above, present application fails and is liable to be dismissed on the ground of alternative remedy.

6. It is accordingly dismissed on the ground of alternative remedy.

7. Certified copy of the impugned order be returned to the learned counsel for applicant after obtaining a photostat copy of the same to be kept on record.

Order Date :- 15.2.2023 YK