The court quashed the summoning order and charge-sheet for failing to specify which offences applied to each accused, constituting a procedural lapse affecting liberty. The matter was remanded to the lower court to pass a fresh order.
Impugned summoning order and charge-sheet set aside. Matter remitted to the court below to pass a fresh order.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 39087 of 2022
Applicant :- Ram Dutt Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Order Date :- 23.1.2023 Ashutosh
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the summoning order and charge-sheet suffer from procedural lapses warranting quashing due to non-specification of offences against particular accused.
Whether the lack of individual mapping of offences to accused prior to summons infringes on the liberty of the individuals concerned.
Whether the matter requires remand to the court below to pass a fresh order specifying the particulars of offences against each accused.
Ram Dutt
State of U.P.
Saumitra Dayal Singh
Ashutosh Kumar Prajapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
