Dismissed

Parvez Ahmad v. State of U.P. and Another

Allahabad HC13 Jan 2020A482/1534/2020

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 Cr.P.C. seeking to quash the order for issuance of process. The bench held that the applicant, facing serious charges including rape under Section 376 IPC, was absconding and had abused the process of law.

What did the court decide?

The application is dismissed; the applicant is directed to be brought to book after execution of warrant.

Parvez Ahmad Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 1534 of 2020

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Applicant :- Parvez Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Raman Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant and learned AGA.

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The present application u/s 482 Cr.P.C. has been filed for quashing the order for issuance of process u/s 82 and 83 Cr.P.C. on the application dated 7.3.2019 of the Station House Officer and entire proceeding of Case no. 2036 of 2019 (State vs. Parvez Ahmad) in Case Crime no. 585 of 2018, u/s 376-D, 420, 506, 120-B IPC, P.S. Kotwali, District Basti arising out of charge-sheet dated 9.3.2019 on which learned Magistrate has taken cognizance on 5.7.2019 pending in the court of C.J.M. Basti.

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It transpires that the applicant has challenged the charge-sheet submitted against him in Crl. Misc. Application no. 30523 of 2019 which is still pending. It appears that the applicant had already challenged issuance of process u/s 82 and 83 Cr.P.C. vide order dated 7.3.2019 on which date Magistrate has also taken cognizance on the charge-sheet laid against co-accused. The said order issuance of process u/s 82 and 83 Cr.P.C. was challenged by the applicant in Application u/s 482 no. 15728 of 2019, which was disposed of with an observation that the applicant is at liberty to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and the same was disposed of vide order dated 7.5.2019.

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Considering the submission made by counsel for the applicant and learned AGA, this Court is of the view that the applicant, who is facing grievous charge u/s 376 IPC has been avoiding his arrest during investigation and even after the submission of charge-sheet. Therefore, in my opinion the applicant has abused process of law and is absconding. I do not find any good ground to quash the order dated 7.3.2019 which has already been challenged in Crl. Misc. Application no. 15728 of 2019.

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The application is accordingly dismissed.

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Office is directed to communicate the order to the concerned court within a week, who shall ensure that the applicant is brought to book after execution of warrant or process u/s 82, 83 Cr.P.C.

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Order Date :- 13.1.2020 Dhirendra/

Parvez Ahmad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Parvez Ahmad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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