Aziz Ahmad v. The State Of U.P And Anr.

Court No. - 22

Case :- U/S 482/378/407 No. - 2024 of 2015

Applicant :- Aziz Ahmad Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- J.N Singh Counsel for Opposite Party :- Govt. Advocate

Hon'ble Mahendra Dayal,J.

Heard learned counsel for the applicant and learned A.G.A. who has accepted notice on behalf of the opposite party no.1.

By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the impugned order dated 01.04.2015 whereby the appeal against acquittal has been admitted and notice has been issued to the accused persons.

Learned counsel for the applicant submits that the appeal against the acquittal is provided under Section 372 Cr.P.C. but the section has wrongly been mentioned in the memo of appeal as well as in the impugned order dated 01.04.2015. in these circumstance, the impugned order is bad in law and is liable to be set aside.

Learned A.G.A. has, however, submitted that the appeal can not be dismissed on the mere ground that section has wrongly been mentioned. It is only a irregularity which can be corrected at any stage.

Having heard the learned counsel for the parties and considering the fact that the wrong mentioning of section does not render a ground for dismissal of the appeal, the present application under Section 482 Cr.P.C. has no force and is accordingly dismissed.

Order Date :- 14.5.2015 ank

Neutral Citation No. - 2015:AHC-LKO:6893