Disposed¶12

Thakur Alias Thakur Prasad Vishwakarma v. State of U.P. and Another

Allahabad HC4 Apr 2023A482/7287/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application disposed of by Allahabad High Court (Samit Gopal, J.) on 4.4.2023; summoning order dated 27.11.2017 by Chief Judicial Magistrate, Maharajganj in Complaint Case No. 2031 of 2017 (Ram Prasad vs. Kamlesh Pratap Singh & others) under Sections 323, 504 I.P.C., Police Station Kotwali, District Maharajganj; applicant Thakur @ Thakur Prasad Vishwakarma; no adjudication on merits; objections to be raised before the trial court at appropriate stage.

What did the court decide?

None; the prayers to quash and stay the summoning order and complaint proceedings were not allowed. The application was disposed of, the Court noting that the applicant may raise objections before the trial court at the appropriate stage. ¶12

Thakur Alias Thakur Prasad Vishwakarma Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 7287 of 2023

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Applicant :- Thakur Alias Thakur Prasad Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Ji Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Abhay Kumar, Advocate holding brief of Sri Lal Ji, learned counsel for the applicants, Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.

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The present application U/S 482 Cr.P.C. has been filed by the applicant- Thakur @ Thakur Prasad Vishwakarma with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned summoning order dated 27.11.2017 passed by learned Chief Judicial Magistrate, Maharajganj and proceeding of Complaint Case No. 2031 of 2017 (Ram Prasad vs. Kamlesh Pratap Singh & others), under Sections 323, 504 I.P.C., Police Station Kotwali, District Maharajganj.

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It is further prayed that this Hon'ble Court may graciously be pleased to pass an order to stay the summoning order dated 27.11.2017 passed by learned Chief Judicial Magistrate, Maharajganj and proceeding of Complaint Case No. 2031 of 2017 (Ram Prasad vs. Kamlesh Pratap Singh & others), under Sections 323, 504 I.P.C., Police Station Kotwali, District Maharajganj. Otherwise the applicant shall suffer a irreparable loss and injury or to pass any other as this Hon'ble Court may deem fit and proper."

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After some arguments, learned counsel for the applicant states that the applicant shall be raising all the objections available to them before the trial court at the appropriate stage for which the trial court may be directed to consider the same.

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It is needless to state that the applicant can always take up his case and raise objections at the appropriate stage of trial which may be considered by the trial court at the appropriate stage.

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The present application is disposed of.

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Order Date :- 4.4.2023 AS Rathore

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(Samit Gopal,J.)

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

Thakur Alias Thakur Prasad Vishwakarma v. State of U.P. and Another

Case brief

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Thakur Alias Thakur Prasad Vishwakarma v. State of U.P. and Another

Case brief

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