Dismissed

Mradu Bhawani Singh @ Mradu Bhawani v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 May 2024/4374/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of a summoning order and charge sheet in an eucalyptus trees theft case alleging false implication at the instance of the Pradhan. The High Court held prima facie offence was made out and defence could not be examined at cognizance stage, dismissing the petition but permitting a discharge application before the trial court.

What did the court decide?

Liberty to move a discharge application before the trial court within fifteen days, to be decided expeditiously, preferably within two months.

Mradu Bhawani Singh @ Mradu Bhawani Vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36445

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4374 of 2024 Applicant :- Mradu Bhawani Singh @ Mradu Bhawani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned AGA for the State.

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Notices to respondent no. 2 are dispensed with in view of the proposed order.

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By this petition, the petitioner has prayed for the following relief:-

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WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned summoning order dated 01-11-2023 passed by the chief Judicial Magistrate Hardo, in Case No 39643/2022 (State v/s Madan Pal and others), Crime No. 534/2022 U/S 379,411 IPC Police Station Kotwali City District Hardoi and also set aside the Charge sheet NO. 765/2022 dated 14-11-2022 Contained as ANNEXURE NO 182 to this affidavit.

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Leaned counsel for the petitioner submits that at the instance of Pradhan, the petitioner has been falsely implicated. The alleged trees of eucalyptus were standing on the agriculture land of Madan Pal and not on any public land as alleged in the FIR.

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Perused the record.

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Perusal of the FIR, statements of the prosecution witnesses as well as charge sheet, prima facie shows commission of offence. The disputed defence of the accused cannot be looked into at the time of taking cognizance.

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Prima facie commission of offence is made out. The petition lacks merits and is accordingly dismissed .

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At this stage, learned counsel for the petitioner prays that he may be given liberty to move an application for discharge before the trial court and the same may be directed to be decided by the learned trial court in a time bound manner.

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Accordingly, in case, the petitioner moves an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court.

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Order Date :- 13.5.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mradu Bhawani Singh @ Mradu Bhawani v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Mradu Bhawani Singh @ Mradu Bhawani v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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