Azad Ali Vs State of U.P. and Another

Court No. - 76

Case :- APPLICATION U/S 482 No. - 42569 of 2019

Applicant :- Azad Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ravi Sahu, 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 dated 11th October, 2018 as well as the entire proceedings of Criminal Case No. 10447 of 2019, arising out of Case Crime No. 121 of 2018, under Sections 420, 406, 354 and 504 I.P.C., Police StationBabupurwa, District-Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate, Court No.4, Kanpur Nagar.

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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 :- 6.12.2019 Sushil/-

Azad Ali v. State of U.P. and Another

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Azad Ali v. State of U.P. and Another

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