Allowed

Siraj v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrett. Lko. and Another

Allahabad HC20 Feb 2023/762/2023

Case brief

AI extract

What is this about?

Hon'ble Shree Prakash Singh, J., allowed this application under section 482 Cr.P.C. setting aside a summoning order passed under section 13 E.C. Act when the chargesheet was filed under sections 323 and 504 I.P.C., holding it erroneous as judicial mind was not applied. The matter was remitted to the trial court.

What did the court decide?

The impugned summoning order dated 24-01-2017 is set aside and the matter is remitted to the trial court to pass a fresh order within 45 days.

Siraj Vs State of U.P. Thru. Addl. Chief… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 762 of 2023

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Applicant :- Siraj

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Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Anjani Kumar Mishra,Wali Nawaz Khan Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Anirudh Kumar Singh, learned A.G.A. for the State and perused the record.

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Notice to the opposite party no. 2 is dispensed with.

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Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire as well as consequential proceedings of Case No. 97 of 2022, State Vs. Shabeer and Siraj, pending in the court of Special Judicial Magistrate-II,Lucknow, impugned summoning order dated 24-01-2017, passed b the learned court of Judicial Magistrate-II, Lucknow issuing summons against the applicant under section 13 of E.C. Act, in aforesaid Case No. 97 of 2022 and Chargesheet dated 23-11-2015, bearing Chargsheet No. NIC/15, under sections 323,504 I.P.C. arising out of NCR No. 131/2014 registered at Police Station-Hasanganj, DistrictLucknow.

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Learned counsel appearing for the applicant submits that the chargesheet was filed against the applicant under sections 323 & 504 of I.P.C. He added that the learned trial court while issuing summons on 24-01-2017 has committed patent illegality as summons have been issued under section 13 of the Essential Commodities Act. He submits that since there was no charge against the applicant so far as the section 13 of E.C. Act is concerned and the Chargesheet was filed under sections 323 & 504 of I.P.C. He thus, submits that the summoning order is erroneous and is liable to be set aside.

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On the other hand, learned A.G.A. appeasing for

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the State has admitted the fact that the Chargesheet has been filed under sections 323 & 504 of I.P.C. and summons have been issued under section 13 of E.C. Act.

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Considering the submissions of learned counsel or the parties and after perusal of material placed on record, it is apparent that the summons have been issued under section 13 of the E.C. Act and the Chargesheet was filed against the present applicant under sections 323 & 504 of I.P.C. only. It seems that while filling the gap, section 13 of E.C. Act has been filled up and judicial mind has not been applied by the court below, therefore, the order impugned seems to be unlawful as well as erroneous and thus, the order dated 24-01-2017 is hereby set aside.

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The matter is remitted back to the trial court to pass a fresh order considering the chargehseet with respect to the present applicant within a period of 45 days from the date of this order.

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With the aforesaid observations, the present application is allowed.

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Order Date :- 20.2.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Siraj v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrett. Lko. and Another

Case brief

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Siraj v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrett. Lko. and Another

Case brief

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