Allowed

Vimal Kumar Shukla v. State of U.P. and Another

Allahabad HC24 Jul 2024A482/23460/2024

Case brief

AI extract

What is this about?

The court allowed the applicant to correct the prayer clause of an application under Section 482 Cr.P.C. filed to quash proceedings arising from a crime sheet. No coercive action was to be taken against the applicant pending further orders.

What did the court decide?

Permission to correct the prayer clause of the application was allowed and the matter was connected with Application No. 22257 of 2023.

Vimal Kumar Shukla vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 23460 of 2024

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Applicant :- Vimal Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Amit Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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At the very outset, the learned counsel for applicant submits that due to inadvertence, no challenge to the charge sheet dated 1.4.2021 could be made in prayer clause of this application. He, therefore seeks permission of the Court to correct the prayer clause of this application.

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Prayer prayed for by learned counsel for applicant is bonafide. The same is not opposed by the learned A.G.A.

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Accordingly, it is allowed.

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Let necessary correction in the prayer clause of this application be carried out by learned counsel for applicant during course of the day.

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This application under section 482 has been filed by applicant Vimal Kumar Shukla, challenging the charge sheet dated 1.4.2021 submitted in Case Crime No. 631 of 2022, under section 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) Prevention of Corruption Act, Police Station- Maniar, District Ballia, Cognizance Taking Order/Summoning Order dated 27.5.2022, passed by Special Judge, E.C. Act in Special Trial No. 631 of 2022, under section 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) Prevention of Corruption Act, Police Station- Maniar, District Ballia as well as the entire proceedings of aforementioned case no pending in the Court of Special Judge, E.C. Act, Varanasi.

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Learned counsel for applicant contends that co-accused Amreshwar Singh has approached this Court by means of Application U/S 482 Cr.P.C. No. 22257 of 2023 (Amreshwar

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Singh vs. State of U.P. and Another), wherein this Court has passed the following interim order dated 17.7.2023. Same is reproduced herein under:

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"Heard learned counsel for the applicant and learned A.G.A. for the State.

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Learned counsel for the applicant submits that first information report was lodged against 123 accused persons, including applicant in the year 2006, and after investigation charge-sheet has been submitted in the year 2021. During investigation the arrest of the applicant was stayed by this Court. It is further submitted that on identical facts, Application u/s 482 No. 16970 of 2023 (Ram Murti Ram @ Ram Murti vs State of U.P. & Anr.) has already been entertained and the proceedings in that case have been stayed, by order dated 11.5.2023, primarily, for reason of the challenge raised to the sanction order.

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Matter requires consideration.

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Issue notice to opposite party no.2.

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Connect and list with Application u/s 482 No. 16970 of 2023 (Ram Murti Ram @ Ram Murti vs State of U.P. & Anr.).

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For the reasons contained in the order dated 11.5.2023, passed in Application u/s 482 No. 16970 of 2023, as an interim measure, no coercive action shall be taken against the applicant in Special Trial No. 631 of 2022 (arising out of Case Crime No. 36 of 2006), under Sections 409, 420, 467, 468, 471, 477A, 120B/34 IPC and Section 13(2) Prevention of Corruption Act, Police Station-Maniyar, District- Ballia now pending in the court of Special Judge (Anti Corruption Act), Special Court No.-1, Varanasi till next date. "

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On the aforesaid premise, the learned counsel for applicant contends that once this Court has already entertained the application on behalf of co-accused, then equity demands that this application be also heard along with aforesaid application.

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In view of above, connect this Application with Application U/S 482 Cr.P.C. No. 22257 of 2023 (Amreshwar Singh vs. State of U.P. and Another).

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Notice on behalf of opposite party-1 has been accepted by learned A.G.A.

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Issue notice to opposite party-2.

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All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.

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List for admission on the date fixed in the notice.

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Considering the facts and reasons recorded in the order dated 17.7.2023, as an interim measure, it is provided that until further orders of this Court, no coercive action shall be taken against

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applicant in Special Trial No. 631 of 2022, under section 409, 420, 467, 468, 471, 477A, 120B/34 IPC and 13(2) Prevention of Corruption Act, Police Station- Maniar, District Ballia, now pending in the Court of Special Judge EC Act, Varanasi.

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Order Date :- 24.7.2024 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Vimal Kumar Shukla v. State of U.P. and Another

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Vimal Kumar Shukla v. State of U.P. and Another

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