Court No. - 87

Case :- APPLICATION U/S 482 No. - 8742 of 2020

Applicant :- Shan Mohammad

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Rahul Kumar Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

This application has been filed for quashing the order dated 06.02.2020 passed

by the Chief Judicial Magistrate, Hathras in Case No. 1204/12/19 (Shan

Mohammad Vs. Varish Ali) under Section 97 and 98 Cr.P.C. Police Station

Hathras Gate, District Hathras, whereby the application filed by applicant under

section 97/98 Cr.P.C. has been rejected.

Heard learned counsel for applicant, learned AGA for State and perused the

record.

It has been argued by learned counsel for applicant that impugned order dated

06.02.2020 is against law. It was submitted that applicant has filed an

application under Section 97/98 Cr.P.C. alleging that his wife has been illegally

detained by one Warish Ali and thus, prayed for issuance of search warrant but

the application of applicant was rejected by court of learned C.J.M., Hathras on

the basis that no complaint or any case regarding this matter is pending and thus,

there was no basis for issuance of se