The applicant sought to quash proceedings under Section 482 CrPC filed against a non-cognizable offence proceeded as a State case. The High Court quashed the cognizance order and remanded the matter.
Quashed the cognizance/summoning order dated 22.09.2020 and remanded the matter to the concerned court to pass a fresh order.
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Neutral Citation No. - 2024:AHC:121495
Court No. - 78
Case :- APPLICATION U/S 482 No. - 20587 of 2024
Applicant :- Hc Suneel Kumar Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Jai Prakash Singh, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 4634 of 2020 (State Vs. Suneel Kumar Prajapati and others) arising out of Case Crime No. 212 of 2019,, under Sections 223 of I.P.C., Police Station Jansath, District Muzaffarnagar as well as cognizance/summoning order dated 22.09.2020, pending in the court of Chief Judicial Magistrate, Muzaffarnagar.
Learned counsel for the applicant submits that the offence punishable under Sections 223 of I.P.C. is non-cognizable offence as per provision of Section 2(d) of Cr.P.C. the case could not be a State case and it has been proceeded as a State case, the cognizance/ summoning order is an abuse of the process of law.
In view of what has been stated above, the present application is disposed of . The order impugned dated 22.09.2020 passed by Chief Judicial Magistrate, Muzaffarnagar is, hereby, quashed. The matter is remanded back to the Court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind.
Order Date :- 30.7.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 CrPC to quash proceedings for a non-cognizable offence proceeded as a State case warrants quashing of the impugned order.
3 provisions across 2 enactments
Hc Suneel Kumar Upadhyay
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
