Sukhpal v. State of U.P. and Another
Case brief
What is this about?
Charge-sheeted accused sought quashing of cognizance/summoning order under Sections 482 Cr.P.C., arguing the FIR lacked the exact words of alleged criminal intimidation under Sections 504, 506 IPC, relying on Sharif Ahmed. Court found matter requires consideration, issued notice to opposite parties and stayed further trial proceedings as an interim measure.
What did the court decide?
Further proceedings of Criminal Case No. 12683 of 2024 stayed until further orders.
What the court decided
Court No. - 77 Case :- APPLICATION U/S 482 No. - 24340 of 2024 Applicant :- Sukhpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar,Santosh Kumar Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
- Heard Mr. Ajai Kumar, the learned counsel for applicant, the learned A.G.A. for State.
- Perused the record.
- Applicant-Sukhpal, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-
"It is therefore most respectfully prayed that this Hon'ble Court may please to allow this application and quash the impugned cognizance/ summoning order dated 10.04.2024 passed by the learned Chief Judicial Magistrate Bijnor in Criminal Case No. 12683 of 2024 (State Versus Sukhpal) in connection with Charge Sheet No. 447 of 2023 dated 15.07.2023 registered as Case Crime No. 676 of 2023 under sections 504, 506 I.P.C., P.S.- Kotwali City, District Bijnor pending in the court of Chief Judicial Magistrate Bijnor.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further and entire proceedings in Criminal Case No. 12683 of 2024 (State Versus Sukhpal) in connection with Charge Sheet No. 447 of 2023 dated 15.07.2023 registered as Case Crime No. 676 of 2023 under sections 504, 506 of I.P.C., P.S.- Kotwali City, District Bijnor pending in the court of Chief Judicial Magistrate Bijnor, during the pendency of the present Criminal Misc. application under section 482 Cr.P.C. before this Hon'ble court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case."
Issues for consideration
1 issue framed by the court
Whether the cognizance/summoning order dated 10.04.2024 in a charge-sheeted case under Sections 504, 506 IPC should be quashed where the FIR does not record the exact words of alleged criminal intimid
Parties & counsel
- applicant
Sukhpal
- respondent
First informant (opposite party-2)
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/24340/2024
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