The High Court dismissed the quashing application under Section 482 Cr.P.C., holding that since no challenge was made to the summons order when served, the accused cannot now approach the High Court before the Supreme Court judgment in Simplex Infrastructures.
Application under Section 482 Cr.P.C. dismissed.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 909 of 2020
Applicant :- Mahendra Kumar Jatav And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.1561/1X/2019 (State Vs. Mahendra & others) (CRN No.UPCH040065962019), under Sections 147, 148, 149, 452, 325, 323, 504, 506 I.P.C., pending in the court of Chief Judicial Magistrate, Chitrakoot, arising out of Case Crime No.0819 of 2018, Police Station Kotwali Karvi, District Chitrakoot.
It is contended by learned counsel for the applicants that charge sheet has been submitted in this matter on 13.07.2019 and cognizance has been taken on 03.09.2019. It is next contended that no notice or summon has yet been served upon the applicants till date.
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.
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.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed.
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.
Certified copy of the impugned order may be returned to the learned counsel for the applicants after retaining the photo copy of the same.
Order Date :- 10.1.2020 Anand Sri./-
3 issues framed by the court
Whether an application under Section 482 Cr.P.C. challenging the order of the first session court is maintainable when no challenge was made at the time of issue of summons.
Whether the absence of served summons precludes a quashing application before the High Court.
Whether the present Section 482 application is maintainable given the judgment in Simplex Infrastructures.
Colour shows how this judgement treated each authority
Simplex Infrastructures and 4 others Vs. State of U.P. and anotherApplied¶9
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)
1 provisions across 1 enactments
Mahendra Kumar Jatav And 4 Ors
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
