Dismissed

Pravesh Kumar Agarwal v. State of U.P. and 2 Others

Allahabad HC23 Aug 2024A482/13118/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application seeking quashing of a charge sheet and non-bailable warrant. The court held that the application was filed after a significant delay with no challenge to the summons or cognizance order, rendering it untenable.

What did the court decide?

The application seeking to quash the charge sheet, non-bailable warrant, and proceedings was dismissed as the application was wholly misconceived due to delay and lack of challenge to prior orders.

Pravesh Kumar Agarwal vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:136209

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 13118 of 2024

¶4

Applicant :- Pravesh Kumar Agarwal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Sharma Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Akash Sharma, the learned counsel for applicant and the learned A.G.A. for State.

¶7

Perused the record.

¶8

Applicant-Pravesh Kumar Agarwal, who is a charge-sheeted accused, has approached this Court by means of present application under Section 482 CrPC with the following relief :

¶9

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 08.06.2018 in Case Crime No.0177 of 2018 under Sections 420, 409 I.P.C. at Police Station Hariparvat, District Agra, as well as non bailable warrant dated 03.10.2023 and entire proceeding of case No.26963 of 2018 (state vs. Pravesh Kumar Agarwal), under sections 420, 409 IPC, which is pending before the court of the chief judicial magistrate, Agra, otherwise the applicant shall suffer irreparable loss and injury."

¶10

At the very outset, the learned A.G.A. submits that the charge-sheet was submitted against applicant on 08.06.2018 therefore present application has been filed after expiry of five years and eight months from the date of charge-sheet i.e. 08.06.2018. No challenge has been made to the cognizance taking order/summoning order passed by court below. Therefore, in absence of any challenge to the cognizance taking order/summoning order passed by court below, the prayer prayed for by means of present applicant is wholly misconceived. It is then contended by the learned A.G.A. that there is no pleading in the entire affidavit filed in support of present applicant that court below has issued non-bailable warrant against applicant without recording a finding that summons issued to the applicant were served and inspite of service of summons, applicant has not honoured the same. On the above conspectus, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 482 CrPC.

¶11

When confronted with above, the learned counsel for applicant could not overcome the same.

¶12

Having heard the learned counsel for applicant, the learned

¶13

A.G.A. for State, upon perusal of record and considering the objection raised by the learned A.G.A. in opposition to this application under Section 482 CrPC which could not be dislodged by the learned counsel for applicant, this Court does not find any good ground to entertain this application.

¶14

As a result, the present application under Section 482 CrPC fails and is liable to be dismissed.

¶15

It is, accordingly, dismissed .

¶16

Order Date :- 23.8.2024. Rks.

¶17

Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad

Pravesh Kumar Agarwal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pravesh Kumar Agarwal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Bansal vs State of Up and Another

Poonam Verma vs State of U.P. and Another

Omprakash and Another vs State of U.P. and Another

Akhtar and 7 Others vs State of Up and Another

Lallu Alias Mohd Navi and 3 Others vs State of U.P. and Another

Vinay Kumar Pandey vs State of Up and Another