The applicant sought to quash criminal proceedings and non-bailable warrants against him without challenging the charge sheet. The Court dismissed the application, holding that no effective relief can be granted without challenging the charge sheet.
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Neutral Citation No. - 2024:AHC:136227
Court No. - 77
Case :- APPLICATION U/S 482 No. - 5593 of 2024
Applicant :- Vinay Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnesh Mishra,Ravinath Tiwari Counsel for Opposite Party :- G.A.,Manish Ojha
Hon'ble Rajeev Misra,J.
Heard Mr. Ravinath Tiwari, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
Applicant- Vinay Kumar Pandey, 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 graciously be pleased to quash / set aside entire cognizance proceeding dated 10.10.2022 and N.B. W. issued by the leamed Court of Additional Chief Judicial Magistrate - Il en 13.12.2022 to the extent of the applicant (Vinay Kumar Pandey @ Vinay @ Monu Pandey) name is included in the Second impugned Charge sheet filed on 02.10.2022, in the Case No, -18018 of 2022 (State vs. Harish Chandra Pandey & Others) pertaining to the Case Crime No. - 214 of 2022 under Section 306 & 506 of Indian Panel Code, at P.S. Chhawani, District - Basti." And/or
It is further prayed to this Hon'ble Court may graciously be pleased to stay on an impugned order of N..W, and proceeding of section - 82 of the Cr. P.C. issued against Vinay Kumar Pandey @ Vinay Pandey @ Monu Pandey on 13.12.2022 and 02.12.2023 as well as entire Criminal Proceedings to the extent of the applicant (Vinay Kumar Pandey @ Vinay ® Monu Pandey) name is included in the Case No. - 18018 of 2022 (State vs. Harish Chandra Pandey & Others) pertaining to the Case Crime No. - 214 of 2022 under Section 306 & 506 of Indian Panel Code, at P.S.-Chhawani, District-Basti, pending before "The Court of Additional Chief Judicial Magistrate -Il Basti"
Or/and pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that Police Report dated 2.10.2022, submitted by Investigating Officer in terms of Section 173(2) has not been challenged in the present application. In the absence of
any challenge to the charge sheet, prayer prayed for by means of present application is misconceived, inasmuch as no effective relief can be granted to applicant in this application. He, further contends that it is by now well settled that no application under section 482 Cr.P.C. lies only against consequential order. As such, present application is liable to be dismissed.
When confronted with above, the learned counsel for applicant could not overcome the same.
Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the charge sheet dated 2.10.2022 submitted against applicant has not been challenged in the present application. In the absence of any challenge to the charge sheet, no effective relief as prayed for by means of present application can be granted.
As such, the present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 23.8.2024 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under section 482 Cr.P.C. can lie against only consequential orders without challenging the charge sheet itself.
2 provisions across 1 enactments
Vinay Kumar Pandey
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
