Constable Javed Akhtar v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 CrPC seeking quashing of criminal proceedings and summoning order against a police constable in a case arising from an arrestee's escape. Court found prima facie matter requires consideration, issued notices for counter affidavits, and stayed further proceedings pending hearing.
What did the court decide?
Further proceedings of the case stayed against the applicant until further orders; case listed after eight weeks.
What the court decided
Court No. - 77
Case :- APPLICATION U/S 482 No. - 21651 of 2024
Applicant :- Constable Javed Akhtar Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today is taken on record.
Sri D.M.Tripathi, learned counsel for the applicant and Sri V.N. Upadhyay, learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case No. 12689 of 2022, arising out of Case Crime No. 619 of 2022, under Sections 223 of I.P.C., P.S. Robertsganj, District Sonbhadra, as well as cognizance/summoning order dated 1.10.2022, pending in the Court of Judicial Magistrate, Sonbhadra.
Learned counsel for the applicants submitted that impugned First Information Report dated 23.8.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that first information has been lodged by Head-constable Rudra Kant Yadav who was also companion of police party along with present applicant. Coaccused in question was also arrested on the same day who fled away from the chamber of doctor when he was taken for medical examination.
Issues for consideration
1 issue framed by the court
Whether proceedings of Case No. 12689 of 2022 and the cognizance/summoning order dated 1.10.2022 under S. 223 IPC should be quashed.
Parties & counsel
- applicant
Constable Javed Akhtar
- respondent
State of U.P.
- respondent
Respondent no. 2
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A482/21651/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Case IS Not Allocated TO Court.
- Order 2 · Case IS Not Allocated TO Court.
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