Dismissed

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

Allahabad HC7 Dec 2019A482/42999/2019

Case brief

AI extract

What is this about?

The Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge sheet and criminal proceedings. Relying on Simplex Infrastructures, the Court held that without challenging the impugned summoning order, such an application by the accused is not maintainable.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed by observing that the matter is not maintainable without challenging the summoning order.

Riyasat Ali @ Kaluwa and 4 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 42999 of 2019

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Applicant :- Riyasat Ali @ Kaluwa And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Akhilesh Tiwari holding brief of Sri Vivek Kumar Mishra, learned counsel for the applicants, Sri P.K. Shahi, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.301 of 2019 dated 13.05.2019 as well as entire proceeding of Case No.1340 of 2019 (State Vs. Riyasat Ali & others), arising out of Case Crime No.161 of 2019, under Sections 452, 323, 307 I.P.C., Police Station Ganj, District Rampur.

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It is contended by learned counsel for the applicants that charge sheet has been submitted in this matter on 13.05.2019 and cognizance has been taken on 05.08.2019.

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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) 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.

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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 applicants 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 them.

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

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Order Date :- 7.12.2019 Anand Sri./-

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

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

Case brief

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