Dismissed

Neeraj Verma v. State of U.P. and Another

Allahabad HC19 May 2022A482/4738/2022

Case brief

AI extract

What is this about?

The applicant sought to quash the charge-sheet and cognizance order in a theft case, arguing false implication due to a prior complaint against police. The single judge rejected the plea, noting recovery of stolen articles from the applicant, and dismissed the application.

What did the court decide?

Application to quash charge-sheet and cognizance order under Section 482 Cr.P.C. dismissed.

Neeraj Verma Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 4738 of 2022

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Applicant :- Neeraj Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sudhakar Shukla, Advocate holding brief of Sri Manoj Kumar Tiwari, learned counsel for the applicant, Sri Ravi Kumar Kushwaha, learned AGA, for the State, and perused the record of the case.

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By way of present application, the applicant made prayer to quash the charge-sheet no. 26 of 2021 dated 16.02.2021 arising out of Case Crime No. 1060 of 2020 (State Vs. Santosh Kumar Verma) as well as cognizance order dated 04.08.2021, under Sections 380, 411 IPC, Police Station Ramgarhtal, District Gorakhpur pending in the court of Chief Judicial Magistrate, Gorakhpur.

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Learned counsel for the applicant submitted that the applicant was not named in the FIR, later on, he has falsely been implicated in the present case by showing false recovery of theft items. He further submitted that as applicant earlier filed a complaint against the police personnel therefore, only due to this reason he has falsely been implicated in this case.

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Per contra, learned AGA submitted that the stolen articles were recovered from the possession of the applicant during investigation and after investigation charge sheet was submitted against the applicant. Therefore, the present application is liable to be dismissed.

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I have heard learned counsel for both the parties and perused the record of the case.

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As per the record of the case, the stolen articles were recovered from the possession of the applicant. As far as the argument that the applicant earlier lodged some complaint against the police personnel that can only be properly appreciated at the time of trial and not at this stage and on that ground alone the charge sheet of the present case cannot be quashed. Prima facie it appears that an offence under Sections 380 and 411 IPC is made out against the applicant. Therefore, no interference is needed at this stage.

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Accordingly, the present application under Section 482 Cr.P.C. is devoid of merit and is, accordingly, dismissed .

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Order Date :- 19.5.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.05.24 19:46:19 IST Reason: Location: High Court of Judicature at Allahabad

Neeraj Verma v. State of U.P. and Another

Case brief

What is this about?

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Neeraj Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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