Dismissed

Chandra Bhusan Tripathi v. State of Up and Another

Allahabad HC7 Dec 2019A482/42969/2019

Case brief

AI extract

What is this about?

The High Court, in a single-bench order, dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge sheet. Relying on Simplex Infrastructures, the court held that without a challenge to the summoning order, the accused cannot impugned the criminal proceedings. Liberty was granted to file a fresh application.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed. Liberty granted to file a fresh application challenging the summoning order.

Chandra Bhusan Tripathi Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 76

¶2

Case :- APPLICATION U/S 482 No. - 42969 of 2019

¶3

Applicant :- Chandra Bhusan Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikram Singh Shrivastava,Anubhav Chandra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

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.

¶6

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.13 of 2015, dated 13.01.2015, under Sections 420, 467, 468, 471 I.P.C., arising out of Case Crime No.984 of 2014, Police Station Kotwali, District Lalitpur as well as entire criminal proceedings in Case No.1071 of 2015, pending in the court of Chief Judicial Magistrate, District Lalitpur.

¶7

As per record it appears that charge sheet has been submitted in this matter on 13.01.2015 and cognizance has been taken on 04.03.2015. However, there is no mention in the application that any notice or summon has yet been served upon the applicant till date.

¶8

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.

¶9

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.

¶10

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

¶11

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.

¶12

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

¶13

Order Date :- 7.12.2019 Anand Sri./-

Chandra Bhusan Tripathi v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Chandra Bhusan Tripathi v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Poonam Vs State of U.P. and Anr.

Azad Ali Vs State of U.P. and Another

Tanvej Alam Vs State of U.P. and Another

Rohit Vs State of Up and Another

Riyasat Ali @ Kaluwa and 4 Others Vs State of U.P. and Another

Deepak and 3 Others Vs State of U.P. and Another