The High Court dismissed a Section 482 Cr.P.C. application seeking to quash criminal proceedings on the ground that the applicants failed to impugne the charge sheet, which was the foundational document for the case.
Application was dismissed; no relief granted.
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Neutral Citation No. - 2024:AHC:158790
Court No. - 77
Case :- APPLICATION U/S 482 No. - 23994 of 2024
Applicant :- Sanjay And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Shukla,Sudhanshu Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Lalit Kumar Shukla,, the learned counsel for applicants and the learned A.G.A. for State.
Applicants Sanjay and three others, who are charge sheeted accused, have approached this Court with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Criminal Case No. 677 of 2017 (old case no. 1661/IX/2010) "State -vs- Sanjay and others) Case Crime no. 72 of 2009 Under section 147, 323, 354, 504, 506 I.P.C., P.S. Mahila Thana, District Mathura Pending before Ist A.C.J.M. Mathura as well as quash the N.B.W./82 dated 27.09.2018 issued by court below in aforementioned case.
It is further prayed that this Hon'ble court may be pleased to stay the further proceedings of of criminal case No. 677 of 2017 (old case no. 1661/IX/2010) "State -vs- Sanjay and others) Case Crime no. 72 of 2009 Under section 147, 323, 354, 504, 506 I.P.C., P.S. Mahila Thana, District Mathura Pending before Ist A.C.J.M. Mathura as well as quash the N.B.W./82 dated 27.09.2018 issued by court below in aforementioned case during the pendency of present criminal misc. application, otherwise the applicants shall suffer an irreparable loss and injury.
And/or to pass any such other or further order as this Hon'ble court may deem fit and proper in the present facts and circumstances of the case."
At the very outset, the learned A.G.A. submits that present application is misconceived and therefore liable to be dismissed, inasmuch as the police report/charge sheet submitted by the Investigating Officer in terms of Section 173 (2) Cr. P. C. has not been impugned in present application. Admittedly, the criminal proceedings pending against applicant emerged on account of the cognizance having been taken by the Jurisdictional Magistrate on the police report/charge sheet. As such, the police report/charge sheet is the basic document giving rise to aforementioned criminal
proceedings. It is well settled that no application under Section 482 Cr. P. C. lies against consequential proceedings/order. In the absence of any challenge to the police report/charge sheet, no effective relief can be granted to the applicants in present application. As such, present application is liable to be dismissed.
When confronted with the above, the learned counsel for applicants could not overcome the same.
Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record this Court finds that the objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record, but further the same could not be dislodged by the learned counsel for applicants.
As a result, present application fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 27.9.2024 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable when the charge sheet has not been impugned.
2 provisions across 1 enactments
Sanjay and 3 Others
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
