DILIP SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ram Prasad Yadav, learned counsel for the applicant and Shri Pankaj Shukla, learned counsel for opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record.

(2.) The present 482 Cr.P.C. application has been filed to quash the impugned order dtd. 4/9/2017 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Basti in Case No. 1119 of 2017 (State Vs. Dilip Singh), under Ss. 384, 352, 504, 506 IPC arising out of Case Crime No. 419 of 2007, P.S.- Paikoliya, District- Basti as well as quash the order dtd. 31/8/2018 passed in Criminal Revision No. 122 of 2017 (Dilip Singh Vs. State of U.P. and another) and prayer made to allow the application under Sec. 321 Cr.P.C.

(3.) The contention of learned counsel for the applicant is that while rejecting the application of the State under Sec. 321 Cr.P.C., the court below had not considered the fact that on the basis of material no case is made out against him and this fact was ignored by the revisional court and both the impugned orders are absolutely erroneous.