Charge-sheeted accused sought quashing of a cognizance order in a Section 307 IPC case via a Section 482 Cr.P.C. application, without challenging the charge sheet itself.
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Neutral Citation No. - 2024:AHC:135293
Court No. - 77
Case :- APPLICATION U/S 482 No. - 10719 of 2024
Applicant :- Omprakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned cognizance order dated 12.12.2023 passed by learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate-II, Mathura in Case Crime No. 0252 of 2023, under Section 307 IPC, Police Station-Magorra, District-Mathura pending in the Court of learned Sessions Court, Mathura.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned cognizance order dated 12.12.2023 passed by learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate-II, Mathura in Case Crime No. 0252 of 2023, under Section 307 IPC, Police Station-Magorra, District-Mathura pending in the Court of learned Sessions Court, Mathura, during the pendency of the present application before this Hon'ble Court, otherwise Applicants shall suffer irreparable loss injury"
Order Date :- 22.8.2024 Vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Can a charge-sheeted accused quash a cognizance order without challenging the underlying charge sheet under Section 482 Cr.P.C.?
1 provisions across 1 enactments
Omprakash
Another (second applicant)
State of U.P.
Another (Opposite Party)
Rajeev Misra
As recorded by the court registry
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