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