VISHNU DUTT Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard Sri M. D. Mishra, learned Counsel for the applicants, Sri Rajeev Chaddha, learned Counsel for opposite party No. 2 and the learned A. G. A. appearing for the State.

(2.) THIS application under Section 482 Cr. P. C. read with Section 401 Cr. P. C. has been filed for quashing an order passed by the IVth Additional Sessions Judge, Gorakhpur dated 3-10-1989, whereby the learned Judge has allowed the Criminal Appeal No. 18 of 1988 under Section 341 Cr. P. C. and set aside the order passed by the Judicial Magistrate IInd, Gorakhpur in Criminal Case No. 23 of 1988 dated 23-2- 1988 refusing to proceeded under Section 340 Cr. P. C. against the applicants. By the impugned judgment the appellate Court has directed the trial Court to proceed in the matter against the applicants under Section 340 Cr. P. C.

(3.) IN this view of the matter, the order dated 3-10-1989 passed by the IVth Additional Sessions Judge is quashed and the order passed by the Judicial Magistrate IINd, Gorakhpur dated 23-2-1988 consigning the case to the record is affirmed. The application is allowed as above. Application allowed. .