In a Section 482 Cr.P.C. application to quash charge sheet, the single judge held that since the applicant did not challenge the summoning order, the application was not maintainable as per Simplex Infrastructures precedent, and was accordingly dismissed.
Application dismissed; liberty granted to file fresh application challenging summoning order.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 42511 of 2019
Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Datt Dauholia Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Case called out in the revised list. None appears on behalf of the applicant to press this application. However, learned A.G.A. is present.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.55 of 2018 dated 23.05.2018 (State Vs. Bhagwat and another), under Sections 354, 342 I.P.C., arising out of Case Crime No.45 of 2018, Police Station Jakhlaun, District Lalitpur, pending in the court of Additional District and Session Judge, Court No.1, Lalitpur.
As per record it appears that charge sheet has been submitted in this matter on 23.05.2018 and cognizance has been taken on 12.07.2018. However, there is no mention in the application that any notice or summon has yet been served upon the applicant till date.
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.
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) 70 , 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.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed.
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.
Certified copy of the impugned order may be returned to the learned counsel for the applicant after retaining the photo copy of the same.
Order Date :- 7.12.2019 Anand Sri./-
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to quash proceedings is maintainable when there is no challenge to the summoning order?
Whether the applicant can challenge the charge sheet without challenging the summoning order?
Colour shows how this judgement treated each authority
Simplex Infrastructures and 4 others Vs. State of U.P. and anotherReferred¶9
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)
1 provisions across 1 enactments
Rohit
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
