Disposed

Anil Kashyap and Another v. State of U.P. and Another

Allahabad HC10 Jan 2023A482/27175/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. challenging a charge-sheet and summoning order alleging attempts to murder, the High Court refused to quash the proceedings directly. Instead, it directed the applicants to seek discharge under Section 227 Cr.P.C. in the lower court.

What did the court decide?

Application disposed with direction to approach court below for discharge under Section 227 Cr.P.C.

Anil Kashyap and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 27175 of 2022

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Applicant :- Anil Kashyap And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi,Shivam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Anurag Vajpeyi, the learned counsel for applicants, the learned A.G.A. for State and Mr. Shivam Yadav, the learned counsel representing first informant/opposite party2.

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Challenge in this application under Section 482 Cr.P.C. is to the charge-sheet dated 12.04.2022 submitted in Case Crime No. 0918 of 2021 under Sections 307 and 325 I.P.C., Police StationNoida, Section-39, District-Gautam Budh Nagar, summoning order dated 02.05.2022 passed by Chief Judicial Magistrate, Gautam Buddh Nagar in Case No. 1822 of 2022 (State of U.P. Vs. Anil Kashyap and another) under Sections 307 and 325 I.P.C., Police Station-Noida, Sector-39, District-Gautam Budh Nagar now pending in the Court of Chief Judicial Magistrate, Gautam Buddh Nagar.

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Learned counsel for applicants submits that impugned charge-sheet as well as the summoning order passed by court below are manifestly illegal and therefore, liable to be quashed by this Court. He next submits that applicants are simply copassenger in the offending vehicle. Applicants have not been charge-sheeted for an offence under Sections 120B or 34 I.P.C. He therefore submits that applicant being a co- passenger of the offending vehicle could have been charge sheeted under Section 279 Cr.P.C. and not under Sestions 307 and 325 I.P.C. The

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offending vehicle was being driven by one Ankush Sharma. As such, he also could have been charge-sheeted under the charging section. He further submits that in the absence of any motive to commit the crime in question on the part of present applicants, impugned charge-sheet as well as summoning order are manifestly illegal. Therefore same are liable to be quashed by this Court.

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Per contra, the learned A.G.A. for State and Mr. Shivam Yadav, the learned counsel representing first informant have opposed the present application. They submits that as per evidence, which has been collected by Investigating Officer, it is established that there was a strong motive against all the charge-sheeted accused to commit a deliberate act in which the victim Gaurav has sustained injury.

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When confronted with aforesaid, learned counsel for applicant could not overcome the same.

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Be that as it may, in the opinion of Court no useful purpose shall be served by keeping this application pending. Interest of justice shall better be served in case applicants are directed to approach court below and seek discharge in terms of Section 227 Cr.P.C.

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Accordingly, present application is disposed of finally with a direction to applicants to approach court below and seek discharge by moving a discharge application in terms of Section 227 Cr.P.C. alongwith a certified copy of this order within a period of two weeks from today. In case such a discharge application is filed, court below shall decide the same by a reasoned and speaking order within a period of two months thereafter.

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It goes without saying that court below shall proceed against applicants only after the disposal of discharge application.

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Order Date :- 10.1.2023 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Anil Kashyap and Another v. State of U.P. and Another

Case brief

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Anil Kashyap and Another v. State of U.P. and Another

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