Dismissed

Prem Shankar Agarwal v. State of U.P. and Another

Allahabad HC17 May 2022A482/26104/2021

Case brief

AI extract

What is this about?

The applicant challenged a charge-sheet under Section 482 Cr.P.C. alleging false allegations. The court dismissed the application, holding it not maintainable as the applicant did not challenge the summoning order. A liberty was granted to file a fresh application challenging the summoning order.

What did the court decide?

Application dismissed with liberty to file a fresh application challenging the summoning order and seeking other reliefs.

Prem Shankar Agarwal Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 26104 of 2021

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Applicant :- Prem Shankar Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shiromani Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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The present application under Section 482 Cr.P.C., has been filed for quashing the charge-sheet of Case No. 1297 of 2021 (State vs. Prem Shankar and others), arising out of Case Crime No. 243 of 2020, under Sections 323, 353, 352, 504 and 506 IPC, P.S. Sheeshgarh, District Bareilly, pending in the Court of Judicial Magistrate, Baheri, Bareilly.

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It has been argued by the learned counsel for the applicant that the applicant has made a complaint on 17.10.2020 against the opposite party no.2 and others and thereafter the first information report of this case was lodged by the opposite party no.2 on 20.10.2020 making false and baseless allegations. The first information report of this case was lodged as a counterblast of the complaint made by the applicant. As per prosecution version, 20-25 more persons were involved in the incident along with applicant but charge-sheet has been submitted only against the applicant. It was also pointed that as per prosecution version, the Sub Divisional Magistrate was shown present on the spot but she has refused to make any statement to the Investigating Officer. Learned counsel submitted that in view of above stated facts and circumstances, the impugned proceedings have been initiated as a counterblast of the complaint made by the applicant.

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Learned A.G.A. submitted that in view of FIR and the material collected during investigation, a prima facie case is made out against the applicant. Further, the applicant is not challenging the summoning order and thus, the instant application under Section 482 Cr.P.C. for quashing of charge-sheet is not

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maintainable.

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In the instant case, it may be seen that there is no challenge to the summoning order passed by the court below, nor the copy of the same has been appended along with the application filed under Section 482 Cr.P.C.

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In view of the judgment of the Co-ordinate Bench of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another Laws (All) 2018(11)70 and case of Ashok Kumar Yadav vs. State of U.P. & Anr. in Criminal Misc. Application u/s 482 Cr.P.C. No. 1361 of 2021 decided on 22.01.2021 , in the absence of any challenge to the summoning order, the impugned charge-sheet or proceedings cannot be challenged by the accused.

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Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

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Liberty is granted to the applicant to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him.

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Certified copy of the impugned order may be returned to the learned counsel for the applicant after retaining the photo copy of the same.

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Order Date :- 17.5.2022/A. Tripathi

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Digitally signed by AKHILESH TRIPATHI Date: 2022.05.18 17:57:42 IST Reason: Location: High Court of Judicature at Allahabad

Prem Shankar Agarwal v. State of U.P. and Another

Case brief

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Prem Shankar Agarwal v. State of U.P. and Another

Case brief

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