The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that since the charge sheet under Section 173(2) Cr.P.C. was not impugned in the application, the prayer was misconceived and the application could not be entertained.
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Neutral Citation No. - 2024:AHC:144670
Court No. - 77
Case :- APPLICATION U/S 482 No. - 11565 of 2024
Applicant :- Pradumn Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
It is also further be pleased stay the effect and operation of proceeding and summoning order dated 02.06.2023 in Case No. 2849 of 2023 (State Vs. Pradumn Singh and others) arising out of Case Crime No. 519/2021, under Section 420 I.P.C. Police Station: Kotwali, District: Etawah, pending in the Court of Chief Judicial Magistrate, Etawah, during the pendency of the present application, otherwise the applicants shall suffer irreparable loss and injury, and or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case"
submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. has not been impugned in present application, therefore, prayer prayed for by means of this application is misconceived. Admittedly the criminal proceedings now pending against applicants have originated out of the aforementioned police report (charge sheet). In absence of challenge to the same prayer prayed for by means of present application cannot be considered or granted by this Court. As such, present application is liable to be dismissed.
Order Date :- 5.9.2024 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Court can entertain an application under Section 482 Cr.P.C. for quashing proceedings when the charge sheet filed under Section 173(2) Cr.P.C. has not been challenged in the application.
2 provisions across 1 enactments
Pradumn Singh and 4 Others
State of U.P.
Rajeev Misra
As recorded by the court registry
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