Dismissed

Ravi Shankar Ojha v. State of U.P. Thru Addi. Chief Secty, Department of Home, Up Sectt, Lko and Another

Allahabad HC4 Aug 2022/122/2022

Case brief

AI extract

What is this about?

The Applicant filed an application under Section 482 Cr.P.C. to quash the order summoning him as an additional accused under Section 319 Cr.P.C. regarding a murder case. The court found the trial court did not commit legal or jurisdictional errors in summoning the accused, noting the alibi defense could be raised at trial, and dismissed the application.

What did the court decide?

The application to quash the order summoning the petitioner as additional accused under Section 319 Cr.P.C. was dismissed.

Ravi Shankar Ojha Vs State of U.P. Thru Addi… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 122 of 2022

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Applicant :- Ravi Shankar Ojha

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Opposite Party :- State Of U.P. Thru Addi. Chief Secty, Department Of Home, Up Sectt, Lko And Another Counsel for Applicant :- Praveen Tripathi Counsel for Opposite Party :- G.A.,Kuldeep Singh

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard Mr.Praveen Tripathi, learned counsel for the petitioner and Mr.Ran Vijay Singh, learned A.G.A. for the State.

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2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 18.12.2021 passed by the learned Additional Sessions Judge, Court No.7, Gonda in Sessions Trial No.22 of 2019 arising out of Crime No.386 of 2018, under Sections 302/34, 323 on an application under Section 319 Cr.P.C.

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3. The accused-petitioner was named in the F.I.R. However, the investigating officer did not file charge-sheet against him. P.W.-1, who is the complainant, in his statement recorded before the Court specifically named the accused-petitioner and assigned specific role to him. P.W.-1 is an injured witness. His father was murdered in the incident.

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4. Learned counsel for the petitioner submits that the accusedpetitioner was not present at the place of incident and on the date of incident he was in Gurgaon in relation to his business.

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5. Considering the evidence of injured witness as well as other facts and circumstances of the case and also taking into consideration the Constitution Bench judgment of the Supreme Court in the case of Hardeep Singh vs State of Punjab & Ors: (2014) 3 SCC 92 , trial Court finding that there is more than prima facie case available against the revisionist, has summoned him as additional accused to face trial under Sections 302/34, 323 IPC.

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6. This Court has considered the impugned order and does not find that learned trial Court has committed any error of law or jurisdiction in allowing the application under Section 319 Cr.P.C. Question of alibi will be considered at an appropriate stage.

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7. This petition being devoid of merit and substance is hereby dismissed.

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( Dinesh Kumar Singh, J. )

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Order Date :- 4.8.2022 prateek

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Digitally signed by PRATEEK ARORA Date: 2022.08.04 18:45:14 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ravi Shankar Ojha v. State of U.P. Thru Addi. Chief Secty, Department of Home, Up Sectt, Lko and Another

Case brief

What is this about?

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Ravi Shankar Ojha v. State of U.P. Thru Addi. Chief Secty, Department of Home, Up Sectt, Lko and Another

Case brief

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What did the court decide?

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