The High Court dismissed an application under Section 482 Cr.P.C. challenging a police report and cognizance order. The court held that no prima facie case existed because the prelimina objection was not rebutted.
Application dismissed due to lack of good ground to entertain it.
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Neutral Citation No. - 2024:AHC:152723
Court No. - 77
Case :- APPLICATION U/S 482 No. - 11682 of 2024
Applicant :- Raj Kumar Jaiswal And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
F.I.R. dated 30.05.2023 was lodged from the side of applicants (applicant-11 being the first informant) and was registered as Case Crime No. 0134 of 2023 under Sections 147, 323, 336 I.P.C. Police Station-Mariyahoon, District-Jaunpur. In the aforesaid F.I.R. ten persons namely Ashish Yadav, Rohit Yadav, Vivek Yadav, Chunnu Yadav, Kotal Yadav, Anand Yadav, Kishan Yadav, Gulshan Yadav, Sachin Yadav and Sunil Yadav have been nominated as named accused. Subsequently, after 17 days of the occurrence, another F.I.R. dated 17.6.2023 in respect of same incident was lodged by first informant/opposite party-2, Ram Bahadur Yadav and was registered Case Crime No. 0149 of 2023 under Sections 147, 323, 504, 506, 427, 336, 452, 395 I.P.C. Police Station-Mariyahoon, District-Jaunpur. In the aforesaid F.I.R. twelve persons namely Rak Kumar Jaiswal, Anil, Sunil, Alok Jaiswal @ Anup, Anurag, Anuj, Sumit, Suresh, Abhishek, Sonu, Ajay Jaiswal and Akash (applicants herein) have been nominated as named accused.
A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record but further the same could not be dislodged by the learned counsel for applicants. In view of above, no good ground exists to entertain the present application.
Order Date :- 19.9.2024 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to allow an application under Section 482 Cr.P.C. challenging a charge sheet where the State contends the inquiry requires presence of the accused.
1 provisions across 1 enactments
Raj Kumar Jaiswal And 11 Others
State of U.P.
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
