Dismissed

Akash and 3 Others v. State of U.P. and Another

Allahabad HC6 Sept 2024A482/16380/2024

Case brief

AI extract

What is this about?

.single Judge allowed Advocate General of India's preliminary objection that the lower court cannot decide the aggressor without applicant presence. Application under Section 482 Cr.P.C. challenging cognizance order and charge sheet was dismissed for want of good ground to entertain it.

What did the court decide?

Application dismissed; prayer for quashing cognizance order and charge sheet denied.

Akash and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145735

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16380 of 2024

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Applicant :- Akash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Kumar Goswami,Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sanjai Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicants-Akash And 3 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. challenging the police report (charge sheet) dated 27.01.2021 submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. in Case Crime No. 265 of 2020, under Sections 323, 504, 506, 308 I.P.C., Police StationRaksa, District-Jhansi, the Cognizance Taking Order/Summoning Order dated 10.06.2022 passed by Additional Civil Judge (Senior Division)-I, Jhansi in consequential Case No. 11904 of 2022 (State Vs. Akash and others) under Section 323, 504, 506, 308 I.P.C., Police Station-Raksa, District-Jhansi as well as the entire proceedings of aforementioned criminal case now pending in the court of Additional Civil Judge (Senior Division)-I, Jhansi.

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At the very outset, the learned A.G.A. submits that in respect of an occurrence which is alleged to have occurred on 28.11.2020, an F.I.R. dated 28.11.2020 was lodged from by first informant Dharmendar Singh Yadav, and was registered as Case Crime No.

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0265 of 2020 under Sections 323, 504, 506 I.P.C. Police StationRaksa, District-Jhansi. In the aforesaid F.I.R. four persons namely Akash, Ajju, Ajay and Lala have been nominated as named accused. He further submits that in respect of same incident, another F.I.R. dated 28.11.2020 was lodged from the side of applicants i.e. first informant Kammod Yadav and was registered as Case Crime No. 0266 of 2020 under Sections 323, 504, 506 I.P.C. Police Station-Raksa, District-Jhansi. In the aforesaid F.I.R. four persons namely Dharmendra Singh, Pushpendar Singh, Chandra Prakash and Ravi have been nominated as named accused.

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On the above premise, the learned A.G.A. submits that there are cross F.I.R. in respect of same occurrence therefore occurrence is admitted to the parties. It is then submitted by the learned A.G.A. that the primary question, which is now required to be answered by court below is as to who is the aggressor. The said question cannot be answered by court below in isolation i.e. in the absence of present applicants. As such no interference is warranted by this court in present application. Consequently, present application is liable to be dismissed. .

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

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Having heard the learned counsel for applicants, the learned 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.

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As a result, present application fails and is liable to be dismissed.

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It is accordingly dismissed .

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Order Date :- 6.9.2024 YK

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

Akash and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Akash and 3 Others v. State of U.P. and Another

Case brief

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