Dismissed

Abdul Kuddus v. State of U.P. and Another

Allahabad HC12 Apr 2022A482/4606/2022

Case brief

AI extract

What is this about?

The High Court dismissed the applicant's Section 482 Cr.P.C. petition seeking quashing of criminal proceedings. The court held that evidence showed the cognizance order was subsequently carried out on an order-sheet, negating the claim it was passed on a printed proforma without judicial application. The court also noted the prior application was dismissed as withdrawn without liberty to file afre

What did the court decide?

Permission to move a fresh application under Section 482 Cr.P.C. was denied as the previous application was withdrawn; the current application was dismissed for lack of merit.

Abdul Kuddus Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 4606 of 2022

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Applicant :- Abdul Kuddus Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Mishra,Deep Chand Singh Counsel for Opposite Party :- G.A.,Vipul Shukla

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicant, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings of Case No. 660 of 2020 (State vs. Abdul Kuddus & Another), arising out of Case Crime No. 511 of 2020, under Sections 379, 504, 506, 352 I.P.C., Police Station- Kant, District- Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate-III, Shahjahanpur as well as cognizance/summoning order dated 02.12.2022 and charge sheet no. 01 dated 28.09.2020.

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It is submitted by learned counsel for the applicant that the order of taking cognizance on the charge-sheet has been passed on the printed proforma, therefore, the impugned cognizance/summoning order is liable to be set-aside in the light of law laid down by this Court in Vishnu Kumar Gupta and Another vs State of U.P. and Another , passed in Application U/S 482 No.41617 of 2019 decided on 11.11.2020, Sanjay and 03 others vs. State of UP and another , passed in Application U/S 482 No. 18422 of 2020 decided on 18.01.2021 and Qavi Ahmad vs. State of UP and another , passed in Criminal Revision No. 3209 of 2010 decided on 14.10.2011 .

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Per contra, learned A.G.A. as well as learned counsel for opposite party no.2 have opposed the application and submitted that applicant had already filed an Application U/S 482 No. 11218 of 2021 (Abdul Kuddus vs. State of UP and others) against the proceedings of aforesaid case and had withdrawn the same on 27.07.2021 after arguing at some length as he proposes to advise his client to obtain anticipatory/regular bail.

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I have gone through the record. The earlier application under Section 482 Cr.P.C. filed by the applicant was dismissed as withdrawn on 27.07.2021 without granting any liberty to file afresh application under Section 482 Cr.P.C., therefore, it will

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amount to abandonment to move afresh application under Section 482 Cr.P.C . Moreover, so far as the submission of learned counsel for the applicant that impugned cognizance order has been passed on printed proforma is concerned, from the perusal of charge-sheet it appears that following order is passed on the charge-sheet:-

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" पससजजनममललयजजजतजहह , दजररलजसटरहह "

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Later on it is carried out on the order-sheet, therefore, it cannot be said that the order of taking cognizance has been passed on printed proforma without application of judicial mind.

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Having heard learned counsel for the applicant as well as learned A.G.A. for the State, considering the facts and circumstances of the case, I do not find any substance in the present application which may warrant any interference by this Court in the proceedings of the court below.

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The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed .

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Order Date :- 12.4.2022 Vikas

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Digitally signed by VIKAS VERMA Date: 2022.04.13 16:26:18 IST Reason: Location: High Court of Judicature at Allahabad

Abdul Kuddus v. State of U.P. and Another

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Abdul Kuddus v. State of U.P. and Another

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