ASHOK KUMAR SINGH Vs. STATE OF U. P

JUDGEMENT

(1.) At the very outset, Sri Kailash Nath Mishra, learned counsel appearing for the opposite party no. 2 has raised a preliminary objection that this application under Sec. 482 Cr.P.C. is not maintainable against the order dtd. 6/4/2023 passed by the learned Additional District and Sessions Judge, Gonda.

(2.) He added that the impugned order has been passed while invoking the jurisdiction under Sec. 319 of Cr.P.C. and it's not an interlocutory order and the same is revisable and therefore invoking the inherent powers under Sec. 482 of Cr.P.C., is barred as the inherent power can be invoked, when there is no overt or express provision in the Criminal Procedure Code or otherwise any alternative remedy is available.

(3.) In support of his contentions, he has placed reliance on the Judgment of the Apex Court rendered in the case of Mohit alias Sonu and Another Versus State of U.P. and Another(Criminal Appeal No. 814 of 2013) decided on 1/7/2013 and has referred paragraph no. 23 of the aforesaid Judgment, which is quoted hereinunder :-