Dismissed

Smt. Shyam Kumari and 2 Others v. State of U.P. and Another

Allahabad HC19 Nov 2019A482/40773/2019

Case brief

AI extract

What is this about?

Single judge dismissed a Section 482 Cr.P.C. application challenging charge-sheet, cognizance, and trial proceedings. Ruling that without challenging the summoning order, the application is not maintainable per Simplex Infrastructures. Liberty granted to file fresh application challenging the summoning order.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; liberty granted to file fresh application challenging summoning order.

Smt. Shyam Kumari and 2 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 40773 of 2019

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Applicant :- Smt. Shyam Kumari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushkar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. D.B. Yadav, learned counsel for the applicant, and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet no. 01 of 2018 dated 7th February, 2019, cognizance taking order dated 5th July, 2019 as well as the entire proceedings of Criminal Case No. 1041 of 2019 (C.N. 1041/2019) (State Vs. Rajesh Viyar & Others), arising out of Case Crime No. 156 of 2018, under Sections 323, 504 and 506 I.P.C., Police Station Jamalpur, District-Mirzapur pending in the Court of Judicial Magistrate, Mirzapur.

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There is no challenge to the summoning order passed by the court below nor, the copy of the same has been appended along with the application filed under Section 482 Cr.P.C.

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In view of the judgment of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 7 0, in the absence of any challenge to the summoning order the proceedings cannot be challenged by the accused. Consequently, the present application at the behest of the accused is not maintainable.

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Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

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Further liberty is granted to the applicant to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him.

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Certified copy of the impugned order may be returned to the learned counsel for the applicant after retaining the photo copy of the same.

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(Manju Rani Chauhan, J.)

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Order Date :- 19.11.2019

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Sushil/-

Smt. Shyam Kumari and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

Smt. Shyam Kumari and 2 Others v. State of U.P. and Another

Case brief

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