Application under Section 482 CrPC to quash chargesheet and impugned orders was consigned to records as no jurisdictional errors were pointed out and roving inquiry was not permissible.
Application consigned to record; applicant directed to file appropriate bail application.
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Neutral Citation No. - 2023:AHC:139855
Court No. - 35
Case :- APPLICATION U/S 482 No. - 22019 of 2023
Applicant :- Shyam Sundar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shri R.C. Maurya, learned counsel for the applicant and Shri Prashant Saxena, learned AGA for the State.
This application under Section 482 Cr.PC. has been filed by the applicant to quash the charge-sheet No. 424 of 2018 dated 28.09.2018 as well as cognizance/summoning order dated 23.01.2019 in entire proceedings of Case No. 28 of 2019 (State Vs. Shiv Singh and others), arising out of case crime No. 435 of 2018, under Sections 323, 504, 506, 452, 324, 325 IPC, Police StationAchhnera, District Agra, pending before the court of learned Additional Chief Judicial Magistrate, Court No. 4, Agra.
Learned counsel for the applicant submits that from the perusal of the FIR in question it would reveal that it is against the three applicants including the applicant and only general allegations have been sought to be leveled without being any specific. It is the submission of the learned counsel for the applicant that one Shri Dwarika Prasad who happens to be a juvenile, his name has been exonerated in the chargesheet itself on the ground that he is in army as well as the applicant himself is in army and he was not present on the date of the said incident and in this regard, he relies upon page 78 which happens to be a letter of the army authorities. It is the further submission of the Learned counsel for the applicant that once he was not available at the point of time when the
offences were being committed and on the other hand, the applicant himself was in army then there was no justification to implicate him as even otherwise Shri Dwarika Prasad is minor and thus he could not have been shown to be enrolled in army itself.
Learned AGA on the other hand submits that the issues which the applicant is seeking to raise in the present proceedings cannot be gone into while making roving inquiry in view of the law laid down by the Hon'ble Apex Court in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State of Maharashtra and others , reported in AIR 2021 SC 192 .
Learned counsel for the applicant has not pointed out any jurisdictional error committed therein.
Considering the submisison of the rival parties as well as the stand taken by them, this Court finds his inability to interfere in the present proceedings. Accordingly, the present application is consigned to record .
It is open for the applicant to prefer an appropriate application seeking bail to the court below, raising legal or factual pleas and in case, such an application is filed in the court below, the same is to be considered with most expeditions, looking into the statement of the applicant that he has enrolled in army as per the law existing on land.
Order Date :- 13.7.2023 Ashutosh
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
M/S Neeharika, Infrastructure Pvt. Ltd. vs. State of Maharashtra and othersReferred¶10
AIR 2021 SC 192 · Who else cites this
1 provisions across 1 enactments
Shyam Sundar
State Of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
