Satyendra Jain and 2 Others v. State of U.P. and Another
Case brief
What is this about?
Single judge order on U/S 482 CrPC application seeking quashing of criminal proceedings under S. 302 IPC. Court notes prima facie case for consideration and stays proceedings pending counter affidavits.
What the court decided
Court No. - 78 Case :- APPLICATION U/S 482 No. - 27903 of 2024 Applicant :- Satyendra Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Rajrshi Guprta, Advocate has filed his Vakalatnama today on behalf of opposite party No. 2, which is taken on record.
Heard Shri Amit Daga, learned counsel for the applicants, Shri Pushp Raj Singh, learned brief holder for the State and Shri Rajrshi Gupta, learned counsel for the opposite party No. 2.
The present 482 Cr.P.C. application has been filed by the applicants to quash the entire proceedings of Misc. Case No. 2576 of 2022 (Prashant Kumar @ Raja Vs. Ashok Kumar Sharma and others) arising out of case crime No. 36 of 2020, under Section 302, I.P.C., Police Station- Tundla, District Firozabad as well as cognizance/summoning order dated 18.4.2024, pending in the court of Chief Judicial Magistrate, Firozabad.
Learned counsel for the applicants submits that the cognizance order dated 18.4.2024 has been passed on Protest Petition after submitting the closure report (Final Report) without any inquiry. It is further submitted that as per medical opinion, cause of death is cardiac arrest. No fatal injuries were found on the person of the deceased.
Prima facie, matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party No. 1.
Issues for consideration
2 issues framed by the court
Whether the proceedings under Section 302 IPC should be quashable on the ground that the death was due to cardiac arrest and no fatal injuries were found.
Whether the Magistrate committed an error in taking cognizance based on a closure report without inquiry.
Parties & counsel
- applicant
Satyendra Jain
- respondent
State of U.P.
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/27903/2024
All orders in this case
7 orders share this CNR
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