Dismissed

Dr. Vijay Kumar Sharma v. State of U.P. and 2 Others

Allahabad HC24 Aug 2021A482/9167/2021

Case brief

AI extract

What is this about?

An applicant sought a Section 482 Cr.P.C. application directing jail authorities to arrange family meetings and medical aid, and ordering compliance with Section 207 Cr.P.C. The court found the writ remedy was inapt for administrative directions and noted insufficient pleading regarding the charge sheet deficiency.

What did the court decide?

Application dismissed as the remedy under Section 482 Cr.P.C. is not applicable for directing administrative compliance of Jail Manuals or in absence of specific pleading regarding Section 207 Cr.P.C.

Dr. Vijay Kumar Sharma Vs State of U.P. and 2… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 9167 of 2021

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Applicant :- Dr. Vijay Kumar Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Kumar Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Shri V.K. Dixit, learned counsel for the applicant and Shri Manish Goyal, learned Additional Advocate General assisted by Shri Syed Ali Murtaza, learned AGA for the State opposite party.

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The present application under section 482 Cr.P.C. has been filed with the following prayer:

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"It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and direct to opposite party no 3 for arrange proper personal (face-to-face) meeting of applicant with Legal Counsels of applicant and to allow personal meeting access for legal counseling and proper legal aid in compliance and accordance with Article 22(1) of the Indian Constitution and the Jail Manuals to allow meeting of the family members with the Applicant and to provide proper medical aid and attention, timely visits and health check-up from doctors and timely examination of the Applicant owing to the ill health and age factor of the Applicant (being senior citizen and suffering from Brain Stroke) and to ensure all proper aids in order to ensure protection of fundamental rights of the Applicant under Article 14 of the Indian Constitution. It is further requested from this Hon'ble Court to direct Opposite Party No. 2 to do speedy and expeditious compliance of section 207 of Cr.P.C. by providing with the copies of FIR and charge sheet in Case Crime no. 679/2019 and Case Crime no. 385/2019 Under Section 420, 409, 467, 468, 471, 201, 120-B I.P.C. Police Station-Dadri, District-Gautam Budh Nagar."

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In respect of the first part of the relief, the learned Additional Advocate General points out that a direction is being sought to an administrative authority seeking compliance of the certain provisions of the U.P. Jail Manual and accordingly, the present application under Section 482 Cr.P.C. in this regard would not be entertainable.

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As regards the direction sought for compliance of the provisions contained under section 207 Cr.P.C., it is submitted by the Additional Advocate General that neither a copy of the charge sheet has been annexed nor is there any specific pleading to the effect that the applicant has not been provided with the relevant copies of the documents as per terms of Section 207 Cr.P.C.

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Learned counsel for the applicant at this stage prays for withdrawal of the application and states that he would take recourse to the appropriate legal remedy.

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Learned Additional Advocate General has no objection to the prayer so made.

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Application stands dismissed accordingly.

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Order Date :- 24.8.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Dr. Vijay Kumar Sharma v. State of U.P. and 2 Others

Case brief

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Dr. Vijay Kumar Sharma v. State of U.P. and 2 Others

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