Partly allowed

Sumita Negi and Another v. State of U.P. and Another

Allahabad HC3 Nov 2023A482/27517/2023

Case brief

AI extract

What is this about?

The High Court set aside impugned summoning orders passed under Section 482 Cr.P.C. in a criminal case. The court held the orders were based on arbitrary action without collected evidence, directing a fresh order within a month after considering the entire investigation evidence.

What did the court decide?

The orders dated 27.05.2021 and 12.01.2022 are set aside with a direction to pass a fresh order considering entire investigation evidence within one month.

Sumita Negi and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:211841

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 27517 of 2023 Applicant :- Sumita Negi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parv Agarwal,Ayank Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State-respondents.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the Charge sheet dated 31.03.2021 and 13.01.2022, summoning orders dated 27.05.2021 and 12.01.2022 in Criminal Case No. 6502 of 2021 (State vs. Mohit Goyal and others), under Sections 406, 420, 467, 468, 471, 120-B, 504, 506 & 34 IPC, Police Station- Noida Sector-58, District- Gautam Budh Nagar, arising out of Case Crime No. 23 of 2021, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.

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Vide order dated 16.10.2023, learned A.G.A. was directed to get instructions in the matter under what circumstances cognizance has been taken prior to submission of charge sheet against the applicant no. 1 before filing of charge sheet. Learned A.G.A. submits that by mistake cognizance has been before accepting charge sheet.

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Thus, in view of the above and the fact that the impugned order is not based on any evidence collected during investigation and has been passed in arbitrary manner and the same cannot be sustained. The orders dated 27.05.2021 and 12.01.2022 passed in Criminal Case No. 6502 of 2021 are set aside with the direction that the concerned Magistrate shall pass a fresh order in accordance with law after considering the entire evidence collected during investigation within a period of one month from the date of production of a certified copy of this order.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 3.11.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Sumita Negi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sumita Negi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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