Dismissed

Suyog Singh v. State of U.P. and Another

Allahabad HC25 Jul 2024A482/23785/2024

Case brief

AI extract

What is this about?

Hon'ble Subhash Chandra Sharma, J. refused the applicant's prayer to quash the charge sheet and cognizance order in a criminal case involving Sections 352, 504, 506, and 427 IPC. The court held no grounds to grant indulgence, noting an option for discharge at the trial stage exists.

What did the court decide?

Prayer for quashing of charge sheet, cognizance order and criminal proceedings refused.

Suyog Singh vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118950

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23785 of 2024

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Applicant :- Suyog Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Ojha,V.K. Baranwal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the material on record.

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This application has been filed with a prayer to allow this application and quash the charge sheet dated 06.09.2017 as well as cognizance order dated 17.09.2020 alongwith entire criminal proceeding in Complaint Case No. 5305 of 2020 (State Vs. Dr. Yogendra Singh Kushwaha & others), under Sections 352, 504, 506, 427 I.P.C., Police Station Naini, District Allahabad pending before the court of Judicial Magistrate-IVth Prayagraj and also further prayed to stay the further proceeding in the aforesaid case.

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It is submitted by learned counsel for the applicant that a complaint was filed by opposite party Awadh Bihari against the applicant with false allegations by the informant. During investigation no proper material was collected by the I.O. but charge sheet was filed. The learned trial court took cognizance of the offence mechanically without applying its judicial mind and perusing the material on record. It is further submitted that no prima facie case is made out against the applicant on the basis of material on record, therefore, request to quash the entire proceedings of the case including the order of cognizance and charge sheet.

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Learned A.G.A. has no objection in this regard.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, there appears no ground to grant any indulgence in favour of the applicant at this stage, as a result, prayer for quashing the entire proceedings of the case is hereby refused. Further, applicants may have an option to move an application for discharge before the learned trial court which shall

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be heard and decided in accordance with law on the basis of material on record.

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Accordingly, this application is disposed of finally.

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Order Date :- 25.7.2024 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Suyog Singh v. State of U.P. and Another

Case brief

What is this about?

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Suyog Singh v. State of U.P. and Another

Case brief

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