This order dismisses an application under Section 482 CrPC for quashing proceedings because it was filed without annexing the statement recorded under Section 161 CrPC, rendering it non-maintainable.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 40039 of 2022
Applicant :- Sukkhu Ram Opposite Party :- State Of U.P And Another Counsel for Applicant :- Piyush Kishore Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Present application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge-sheet dated 17.04.2022, cognizance order dated 02.07.2022 and entire proceedings of Criminal Case No. 146110 of 2022 (State Vs. Sukkhu Ram and Others), arising out of Case Crime No. 400 of 2021, under Sections 323, 504, 506, 419, 420, 406 IPC, Police Station Manduadeeh, District Varanasi, pending in the court of Judicial Magistrate, Varanasi.
Perusal of the record shows that present application under Section 482 CrPC has been filed without annexing the statement recorded under Section 161 CrPC and as such, instant application is not maintainable and is accordingly dismissed.
Order Date :- 3.1.2023 Nadim
Digitally signed by NADIM ALAM Date: 2023.01.03 17:27:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 CrPC filed without annexing the statement recorded under Section 161 CrPC is maintainable.
1 provisions across 1 enactments
Sukkhu Ram
State Of U.P
Rajiv Gupta, J.
Nadim Alam, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
