Dismissed

Shravan Yadav and 2 Others v. State of U.P. and Another

Allahabad HC13 Oct 2023A482/33472/2023

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash charge-sheet and proceedings filed by applicants who claimed innocence and lack of presence at trial. The court emphasized an 11-year delay and the applicants' absconding conduct as reasons to refuse quashing.

What did the court decide?

Application to quash charge-sheet and proceedings refused on grounds of delay and conduct of applicants.

Shravan Yadav and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:198884

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 33472 of 2023

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Applicant :- Shravan Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav,Kiran Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 30.08.2012 and entire proceedings arising out of case crime no. 131A of 2012, under Sections 308, 325, 452, 504, 506 and 352 I.P.C., Police Station Bilariyaganj, District Azamgarh pending in the court of Judicial Magistrate, Court No. 24, Azamgarh.

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It is submitted by the learned counsel for the applicants, due to lack of knowledge, could not appear before the Court below. The applicants are innocent and have been falsely implicated in this case.

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On the other hand learned Additional Government Advocate contended that in this case, charge sheet has been submitted on 30.08.2012 whereas the same has been challenged in the year 2023 after delay of about 11 years. He further submits that since 2012, applicants are absconding.

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Perusal of record shows that the applicants are playing hide and seek with the court since 2012 i.e. for the last eleven years and wants this Court to come to their rescue by exercising its inherent jurisdiction.

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Having considered the submissions of learned counsel for the parties and looking into the conduct of the applicants in the lower court, I find no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court. In view of the

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above, the relief claimed by the applicant is refused.

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The application lacks merit, and is accordingly, dismissed .

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OfÏce is directed to send a copy of this order to the opposite party no. 2 and the concerned court below for necessary information.

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Order Date :- 13.10.2023 Saurabh

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

Shravan Yadav and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shravan Yadav and 2 Others 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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