Dismissed

Alok Rastogi and Another v. State of U.P. and Another

Allahabad HC21 Feb 2022A482/1900/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. appeal, the High Court rejected the applicants' plea to quash the charge sheet and cognizance order. The court found no basis for the applicants' claim of lack of evidence and dismissed the application as devoid of merit.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed as devoid of merit; no case for quashing established.

Alok Rastogi and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 1900 of 2022

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Applicant :- Alok Rastogi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.10.2021 and cognizance order dated 15.11.2021 in Criminal Case No. 3952 of 2021 (State Vs. Alok Rastogi and another) arising out of Case Crime No. 763 of 2021, under Sections - 420, 406 IPC, Police Station - Baradari, District- Bareilly, pending in the court of Additional Chief Judicial Magistrate - I, Bareilly.

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The learned counsel for the applicants submits that the applicants have been wrongly chargesheeted by the Investigating Officer and therefore the cognizance taken by the Court below of the offence against the applicants is also illegal, whimsical and arbitrary without there being any cogent evidence against them and as such the entire criminal proceedings going on against the applicants are liable to be set aside by this Hon'ble Court.

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On the other hand, the learned AGA submits that the police has submitted that the charge sheet was submitted by the police against the applicants after complete and thorough investigation of the matter and, prima facie, a cognizable offence is made out against the applicants. It is also submitted that no abuse of process of law has been committed by the Trial Court in cognizance on the charge sheet submitted against the applicants. The application under Section 482 Cr.P.C. is not maintainable and is liable to be quashed by this Hon'ble Court.

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From the perusal of the record, at this stage of the matter, it cannot be said that no cognizable offence is made out against the applicants. In application under Section 482 Cr.P.C. no case is made out for quashing the impugned charge sheet and summoning order in the aforesaid criminal case.

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The application is devoid of merit and is dismissed.

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In case the applicant appears before the Court below and files a bail application, his bail application shall be decided by the concerned Court below in view of the law laid down by the Apex Court in the case of Satendra Kumar Antil vs. CBI and another : Special Leave to Appeal (Criminal) No. 5191 of 2021.

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Order Date :- 21.2.2022 LBY

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Digitally signed by LAL BAHADUR YADAV Date: 2022.02.22 21:42:44 IST Reason: Location: High Court of Judicature at Allahabad

Alok Rastogi and Another v. State of U.P. and Another

Case brief

What is this about?

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Alok Rastogi and Another v. State of U.P. and Another

Case brief

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