Application under Section 482 CrPC to quash a summoning order and charge-sheet in an Unnao FIR under Sections 323, 504, 506 IPC and Section 67 IT Act. The IO confirmed no spot inspection or site plan existed. Court issued notice to opposite party no.2 and stayed proceedings pending counters.
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Court No. - 21
Case :- APPLICATION U/S 482 No. - 10713 of 2024
Applicant :- Asif Khaliq @ Mohd. Asif Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sachin Kumar Pandey,Mirza Ataulla Beg Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
"1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present application has been filed with the prayer to quash the Summoning order dated 19/01/2024 passed by Learned Chief Judicial Magistrate, District Unnao as well as Impugned Charge Sheet dated 26/09/2022, arising out of F.I.R No. 0764/2022 Under Section323,504,506 of I.P.C and 67 of IT Act at P.S.- Kotwali, District-Unnao.
3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that informant has categorically denied to cooperate in the investigation for conducting spot inspection, as a result, no spot inspection was conducted and charge sheet was submitted merely on the basis of FIR, therefore, kind indulgence of this Court is necessary.
4. List this case on 05.12.2024 at 11:30 AM.
5. On the next date, Investigating Officer of the case in question shall appear in person before this Court along with complete case diary as well as site-plan.
weeks. Rejoinder affidavit may be filed within two weeks thereafter.
Order Date :- 5.12.2024 Junaid
Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the summoning order and charge-sheet should be quashed where no spot inspection was conducted and no site plan prepared during investigation?
4 provisions across 2 enactments
Asif Khaliq @ Mohd. Asif
State of U.P.
Neeraj Tiwari
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
