Shakuntala Sharma v. State of Up and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl No.2)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 23979 of 2024

Applicant :- Shakuntala Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Raman Mishra Counsel for Opposite Party :- G.A.

Hon'ble Anish Kumar Gupta,J.

1. Heard Sri K.M. Tripathi, Advocate holding brief of Sri Radhey Raman Mishra, learned counsel for the applicant and Sri Shohaib Khan, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 05.11.2022 as well as the summoning order dated 16.03.2023 in Criminal Case No. 1971 of 2023 (State of U.P. vs. Arun Kumar Singh and Another) arising out of Case Crime No. 462 of 2022 under Section 420 I.P.C. and Section 4 and 20 Private Security Agencies (Regulation) Act, 2005, P.S.- Kotwali, DistrictAzamgarh, pending in the court of learned Chief Judicial Magistrate, Azamgarh.

3. Learned counsel for the applicant submits that though initially the father of the applicant herein, after retirement from the Army services has intended to run a security agency, namely M/s Sainik Surakhsha Guard and in that regard a registration with the Labour Department was obtained. Learned counsel for the applicant further submits though a registration in the Labour Department was obtained, however, since the father of the applicant herein had suffered a heart attack and undergone an operation etc., therefore, the security services work was never started by the father of the applicant or the applicant herein. Therefore, since the applicant was not running the business of security agency at all, therefore, there was no offence whatsoever is made out as alleged against the applicant herein, therefore, he prays for quashing of the entire proceeding against the applicant herein.