Dismissed

Anuradha Singh @ Annu Singh and 7 Others v. State of U.P. and Another

Allahabad HC8 Feb 2022A482/2249/2022

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the Allahabad High Court quashed a prior order and rejected the quashing of the criminal proceedings, holding that the applicants, who were never summoned to face trial, have no locus standi to challenge the case.

What did the court decide?

The application under Section 482 CrPC to quash the judgment and order was rejected.

Anuradha Singh @ Annu Singh and 7 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 34 Case :- APPLICATION U/S 482 No. - 2249 of 2022 Applicant :- Anuradha Singh @ Annu Singh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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The present application has been filed by the applicants to quash the judgement and order dated 24.11.2021 passed by Additional Sessions Judge / Special Judge (A.C. Act) Court no. 5, Gorakhpur in criminal revision no. 94 of 2019, Vandana Singh Vs. State of U.P. and others, arising out of complaint case no. 2980 of 2017, Vandana Singh Vs. Dhirendra Pratap Singh and others, under section 494 I.P.C. police station Pipraich District Gorakhpur as well as entire proceeding of the aforesaid case pending before Judicial Magistrate I Gorakhpur.

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As per the facts of the case, the opp. party no. 2 Smt. Vandana Singh filed a complaint no. 2980 of 2017, Vandana Singh Vs. Dhirendra Pratap Singh and others, wherein the court has summoned only Dhirendra Singh, the husband of the complainant to face trial under section 494 I.P.C. Against the said order dated 25.4.2019, the opp. party no. 2 filed a revision and this revision was dismissed vide order dated 24.11.2021 by the Additional Sessions Judge/ Special Judge, Court no. 5, Gorakhpur. This application has been filed by the opp. party nos. 2 to 9 in complaint case no. 2980 of 2017.

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Going through the record, it is clear that the original complaint was filed against all these applicants along with Dhirendra Pratap Singh wherein only Dhirendra Pratap Singh was summoned by the court concerned to face trial under section 494 I.P.C. and the present applicants were not summoned to face trial. In the revision against that summoning order only Dhirendra Pratap Singh was confirmed by the revisional court.

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When the present applicants have not been summoned by the court to face trial and the revision against the rejection of the summoning of the present applicants has also been dismissed, so in my opinion, the applicants have no locus to file this application. The application lacks merits and is liable to be rejected.

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The application is hereby rejected.

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Order Date :- 8.2.2022/Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.09 15:38:41 IST Reason: Location: High Court of Judicature at Allahabad

Anuradha Singh @ Annu Singh and 7 Others v. State of U.P. and Another

Case brief

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Anuradha Singh @ Annu Singh and 7 Others v. State of U.P. and Another

Case brief

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