Dismissed

Ishtiyaq and Another v. State of U.P. and 2 Others

Allahabad HC5 Nov 2024A482/36914/2024

Case brief

AI extract

What is this about?

In this underwriting application under Section 482 Cr.P.C., the applicants sought to quash orders and stay criminal proceedings based on a claim that the victim did not sustain injuries. The High Court, after examining a UIDAI report confirming the presence of ten fingerprints on the victim's Aadhaar card, held that the ground raised did not exist and dismissed the application.

What did the court decide?

The present application filed under Section 482 Cr.P.C. is dismissed.

Ishtiyaq and Another vs State of U.P. and 2… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:195838

¶2

Court No. - 72

¶3

Case :- APPLICATION U/S 482 No. - 36914 of 2024

¶4

Applicant :- Ishtiyaq And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mehendra Kumar Singh,Pankaj Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Pankaj Srivastava, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Rajesh Tripathi, the learned counsel representing opposite party-3.

¶7

Perused the record.

¶8

Present application under Section 482 Cr.P.C. came up for admission on 05.11.2024 and this Court passed the following order:

¶9

"1. Heard Mr. Pankaj Srivastava, the learned counsel for applicants and the learned A.G.A. for State .

¶10

2. Perused the record.

¶11

3. Applicants-Ishtiyaq And Another, who are charge sheeted accused, have approached this Court by means of present application with the following prayer:-

¶12

"It is, therefore, most respectfully prayed that, this Hon'ble court may graciously be pleased to call for the Fingre Print Slip of the injuredbrother of the Opposite Party No.2 from the Dupety Director, UIDAI and to quash/ set aside the order dated 16.05.2023 (Annexure No.11 to this affidavit) as well as order dated 25.09.2024 (Annexure No.13 to this affidavit) and to direct the court below to decide the discharge Application filed by the Applicant in Criminal Case No. 1219 of 2019 (State Versus Ishtiyaq and others) Under Sections 326 Indian Penal Code at Police Station- Kotwali Dehat, District- Saharanpur, pending before the learned Additional Chief Judicial Magistrate, Ist, Saharanpur and to call for the Fingre Print Slip of the injured brother of the Opposite Party No.2 from the Opposite Party No. 3 Dupety Director, UIDAI.

¶13

It is further prayed that this Hon'ble court may graciously be pleased to pass an ad interim order staying the further proceedings of Criminal Case

¶14

No.1219 of 2019 (State Versus Ishtiyaq and others) Under Sections 326 Indian Penal Code at Police Station- Kotwali Dehat, District- Saharanpur, pending before the learned Additional Chief Judicial Magistrate, Ist, Saharanpur and to call for the Fingre Print Slip of the injured- brother of the Opposite Party No.2 from the Opposite Party No.3 Dupety Director, UIDAI, till the disposal of present Criminal Misc. Application.

¶15

And/Or may pass any other or further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

¶16

For which the applicant is duty bound shall ever pray."

¶17

4. Learned counsel for applicants contends that injured Arif did not sustain any injury inasmuch as his tiny finger had already been amputated much before. In support of his submissions, he then submits that the said fact can be ascertained from the UIDAI report pertaining to the injured which was prepared at the time of preparing Aadhaar Card of injured. He therefore, submits that in case the UIDAI report pertaining to the injured is summoned the innocence of the applicants shall be apparent on the face of the record. It is thus urged that in view of above and also the law laid down by the Apex Court in the case of Rajiv Thapar and others Vs. Madan Lal Kapoor (2013) 3 SCC 330, aforesaid report be summoned by this Court.

¶18

5. Learned counsel for opposite party-3 is directed to submit the UIDAI report pertaining to the injured before this Court in a sealed cover before the next date fixed.

¶19

6. Matter shall re-appear for orders as fresh on 06.12.2024.

¶20

7. Considering the facts and circumstances of the case, it is provided that till the next date fixed, further proceedings of Criminal Case No.1219 of 2019 (State Versus Ishtiyaq and others) Under Sections 326 Indian Penal Code, Police Station- Kotwali Dehat, District- Saharanpur, now pending in the Court of Additional Chief Judicial Magistrate, Ist, Saharanpur shall remain stayed.

¶21

Order Date :- 5.11.2024 "

¶22

In compliance of above order dated 05.11.2024, Mr. Rajesh Tripathi, the learned counsel representing opposite party-3, has placed a report submitted by competent authority in a sealed cover. The Court has opened the sealed cover and perused the report dated 05.12.2024. As per aforesaid report, at the time of preparation of Adhar Card of injured Arif, finger print of all the ten fingers were taken.

¶23

In view of above, the ground raised in present application in

¶24

challenge to the impugned proceedings does not exist.

¶25

As a result, present application fails and is liable to be dismissed.

¶26

It is accordingly dismissed .

¶27

The aforesaid report submitted by competent authority shall be re-sealed and kept on record.

¶28

Order Date :- 13.12.2024 YK

¶29

Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Ishtiyaq and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ishtiyaq and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ravi Kumar vs State of Up and 3 Others

state of up vs Anukool Chaudhary s/o Nareshpal Singh

Naimuddin and Another vs State of Up and Another

Vinod and 2 Others vs State of U.P. and Another

Atah Mohd vs State of U.P. and 5 Others

Bhure Singh vs State of U.P. and 7 Others