Court issued notice to opposite party No. 2, directed steps within a week, stayed criminal proceedings for the applicant until further orders, and listed the case for consideration with continuation of affidavits filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 11
Case :- APPLICATION U/S 482 No. - 2388 of 2024
Applicant :- Ashish Misra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another Counsel for Applicant :- Suresh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Case No.20627/2019 "State Versus Satya Prakash & another", arising out of F.I.R. No. 0010 of 2019 Under section 419,420 Police Station Itaunja, District Lucknow pending before the Learned Additional Chief Judicial Magistrate 8th Lucknow as well as Charge sheet No.02 of 2019 dated 10/04/2020 submitted by the investigating officer in the aforesaid case crime number and summoning order dated 24/04/2023 passed by the Learned Judicial Magistrate II, Lucknow.
Any other order which this Hon'ble court may deem fit and proper under the circumstances of the case also be passed in favour of the Petitioner."
18 which is a letter dated 5.5.2020 preferred by the District Panchayat Raj Officer, Lucknow referred to Superintendent of Police, Rural, Lucknow indicating the reasons to the effect that the petitioner has not committed any offense nor he has committed any criminal act, then there is no purpose to give sanction for prosecution against him. By means of the aforesaid letter the competent departmental officer has disposed of the request of the police whereby the sanction of the prosecution against the petitioner, who is serving on the post of Gram Panchayat Adhikari at Buxi Ka Talab, Lucknow has been turned down.
(Rajesh Singh Chauhan, J.)
Order Date :- 13.3.2024 Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the criminal proceedings requiring quashing under Section 482 CrPC in light of departmental recommendation of no offense.
1 provisions across 1 enactments
Ashish Misra
State Of U.P. Thru. Prin. Secy. Deptt. Of Home
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
