Dismissed

Mohan Singh v. State of U.P. and Anr.

Allahabad HC9 Jan 2020A482/783/2020

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 Cr.P.C. filed by an accused challenging a charge-sheet, cognizance order, and proceedings. Relying on Simplex Infrastructures, the court held that without challenging the summoning order, further proceedings cannot be challenged, making the application unboundable.

What did the court decide?

Application under Section 482 Cr.P.C. is dismissed; liberty granted to challenge summoning order in future.

Mohan Singh Vs State of U.P. and Anr. — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 783 of 2020

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Applicant :- Mohan Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dinesh Kumar,Suresh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Dinesh Kumar and Mr. Suresh Kumar Srivastava, 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 no. 01 of 2019 dated 30th April, 2019, cognizance taking order dated 19th July, 2019 as well as the entire proceedings of Criminal Case No. 413 of 2019 (State Vs. Subhash Chandra Sharma & Others) arising out of Case Crime No. 658 of 2018, under Section 120-B I.P.C., Police Station-Jewar, District-Gautam Budh Nagar, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Jewar, Gautam Budh 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 :- 9.1.2020 Sushil/-

Mohan Singh v. State of U.P. and Anr.

Case brief

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Mohan Singh v. State of U.P. and Anr.

Case brief

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