High Court Criminal Bench dismissed an application seeking quashing of proceedings under Section 482 CrPC. Applicant did not press the prayer after preliminary submission that ingredients for invocation were not met.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- APPLICATION U/S 482 No. - 6177 of 2021
Applicant :- Samarjeet Bind @ Munna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Lal Mani Bind, learned counsel for the applicant and Sri Gyan Prakash Singh, learned State Law Officer appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet no. A-44 of 2019 dated 28.03.2019 under Section 401 IPC as well as summoning order dated 12.06.2019 and the entire proceedings of Case No. 885 of 2019 (State vs. Pradyumn and others) under Section 401 IPC arising out of Case Crime No. 15 of 2019, P.S. Jigna, District Mirzapur pending in the court of the learned Additional Chief Judicial Magistrate, Court No.2, Mirzapur.
Learned counsel for the applicant after making submissions to some extent fairly submits that necessary ingredients for invocation of provisions of 482 Cr.P.C. are not made out in the facts of the present case. Accordingly he does not wish to press the prayer made in the application. The reliefs sought in the application are accordingly not entertained.
Counsel for the applicant states that the applicant would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 1.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Samarjeet Bind @ Munna
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
