Dismissed

Ambika Yadav v. State of Up and Another

Allahabad HC9 Jan 2020A482/47679/2019

Case brief

AI extract

What is this about?

This Hon'ble Court disposed of a second application under Section 482 Cr.P.C. challenging a summoning order arising from a case under the Prevention of Damages to Public Property Act, dismissing it as the same cause of action was already addressed in a prior application.

What did the court decide?

Prayer for quashing the summoning order and challenging the charge-sheet was refused and the application was dismissed.

Ambika Yadav Vs State of Up 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. - 47679 of 2019

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Applicant :- Ambika Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Pandey 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 A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 3.10.2019 passed by Additional Chief Judicial Magistrate, Court No.10, Azamgarh as well as the entire proceedings of Case No. 4343 of 2018, arising out of Case Crime No. 140 of 2012, under Sections 2, 3 and 5 of Prevention of Damages to Public Property Act, P.S. Kandharapur, District Azamgarh, pending in the court below.

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This is the second application under Section 482 Cr.P.C. challenging the summoning order pursuant to the impugned charge-sheet dated 3.5.2012. I may record that the applicant had challenged the charge-sheet dated 3.5.2012 in Criminal Misc. Application (U/s 482 Cr.P.C.) No.18269 of 2017 which was disposed of by the Court while recording that prima facie there is nothing to demonstrate that there is any abuse of process of law and the applicant was directed to appear before the court below and apply for bail which shall be considered and decided keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) vide order dated 6.6.2017. However, the applicant has not appeared before the court below till date and has now challenged the summoning order.

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The prayer for quashing the impugned summoning order is hereby refused.

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Being the second application under Section 482 Cr.P.C. for the same cause of action, the present application is, accordingly, dismissed .

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Order Date :- 9.1.2020/ Vikas

Ambika Yadav v. State of Up and Another

Case brief

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Ambika Yadav v. State of Up and Another

Case brief

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