Disposed¶13

Girjesh Singh Alias Lallu Singh and 7 Others v. State of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. and Another

Allahabad HC14 Mar 2024/2431/2024

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench; Ajay Bhanot J.; 482 CrPC quashing application disposed; Girjesh Singh alias Lallu Singh v. State of U.P.; case crime no.191 of 2022; charge-sheet A191/2022 dated 13.08.2022; summoning order 21.11.2022; Sections 147, 148, 323, 504, 506, 427, 452 IPC; P.S. Sirsiya, District Shrawasti; CJM Shrawasti; Ashram assault FIR; liberty to apply for bail and alternative remedies; expeditious decision direction; order date 14.3.2024; neutral citation 2024:AHC-LKO:22385.

What did the court decide?

Liberty to the applicants to apply for bail before the learned trial court and to invoke any other alternative remedy available in law before the competent court; any such application to be decided expeditiously as per law. ¶13

Girjesh Singh Alias Lallu Singh and 7 Others Vs State of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings of case No.12106 of 2022 (case crime no.191 of 2022) and the summoning order dated 21.11.2022, pending before the Chief Judicial Magistrate, District Shrawasti, should be quashed under Section 482 Cr.P.C.

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Court's answer

Prima facie no case is made out (stated immediately after recounting the prosecution case from the F.I.R., and followed by dismissal of the quashing application).

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Ratio / Principle

The application u/s 482 Cr.P.C. is dismissed (interim decision during the hearing, subsequently overtaken by the final disposal after counsel recast the relief sought).

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Key takeaways

It is always open to the applicants to avail remedies available to them in law before the competent court, and any such application shall be decided expeditiously as per law.ratio¶13
The Application U/S 482 is disposed of (final decision, after counsel for the applicants stated they did not wish to press the quashing prayer and would instead seek bail and alternative remedies).ratio¶14

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. (Application U/S 482 No. 2431 of 2024, Neutral Citation 2024:AHC-LKO:22385) by Girjesh Singh alias Lallu Singh and 7 others seeking quashing of criminal proceedings of case No.12106 of 2022 arising out of charge-sheet No.A191/2022 dated 13.08.2022 in case crime no.191 of 2022 under Sections 147, 148, 323, 504, 506, 427, 452 IPC, Police Station-Sirsiya, District-Shrawasti (State of U.P. v. Grijesh Singh and others), and the summoning order dated 21.11.2022, pending before the Chief Judicial Magistrate, District Shrawasti. The Court, after noting the F.I.R. allegation that the accused forced their way into the Ashram and abused and assaulted inmates, observed 'Prima facie no case is made out' and dismissed the application; thereupon counsel stated they would not press the prayer and would instead apply for bail and pursue alternative remedies. The Court disposed of the application, holding it open to the applicants to avail available remedies before the competent court, with a direction that any such application be decided expeditiously as per law. Coram: Hon'ble Ajay Bhanot, J.; Order dated 14.3.2024.

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Neutral Citation No. - 2024:AHC-LKO:22385

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Court No. - 29

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Case :- APPLICATION U/S 482 No. - 2431 of 2024

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Applicant :- Girjesh Singh Alias Lallu Singh And 7 Others Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. And Another

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Counsel for Applicant :- Vijay Kumar Asthana,Preeti Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Vijay Kumar Asthana, learned counsel for the applicants and Shri Girjesh Kumar Dwivedi, learned A.G.A.for the State.

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The application U/S 482 Cr.P.C. has been filed by the applicants to quash the criminal proceedings of case No.12106 of 2022 arising out of charge-sheet No.A191/2022 dated 13.08.2022, having case crime no.191 of 2022, under Sections 147, 148, 323, 504, 506, 427, 452 IPC, Police Station-Sirsiya, District-Shrawasti (State of U.P. v. Grijesh Singh and others) pending before the learned Chief Judicial Magistrate, DistrictShrawasti as well as summoning order dated 21.11.2022.

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The prosecution case set out in the F.I.R. is that the accused persons forced their way into the Ashram. Thereafter, they abused and assaulted inmates of the Ashram. Prima facie no case is made out.

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The application u/s 482 Cr.P.C. is dismissed.

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Faced with this, Shri Vijay Kumar Asthana, learned counsel for the applicants contend that they do not wish

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to press the prayer sought in the application. They recast relief and submit that the applicants wish to apply for bail before the learned trial court and invoke any other alternative remedy available to the applicant.

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It is always open to the applicants to avail remedies available to them in law before the competent court. In case such application is filed before the competent court, the same shall be decided expeditiously as per law.

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The Application U/S 482 is disposed of.

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Order Date :- 14.3.2024 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

Girjesh Singh Alias Lallu Singh and 7 Others v. State of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. and Another

Case brief

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What did the court decide?

Girjesh Singh Alias Lallu Singh and 7 Others v. State of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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