Partly allowed

Ram Singh v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Allahabad HC25 Jun 2024A482/5730/2024

Case brief

AI extract

What is this about?

This interim order in Section 482 CrPC quashing application stayed proceedings against the applicant. Notice was issued to the opposite parties to file counter affidavits before the matter was listed.

What did the court decide?

Proceedings against the applicant in the underlying criminal case were stayed pending the disposal of the quashing application.

Ram Singh vs State of U.P. Thru. Prin. Secy. Home Lko and… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 12

¶2

Case :- APPLICATION U/S 482 No. - 5730 of 2024

¶3

Applicant :- Ram Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- D.P. Dutt Tiwari,Manish Kumar Mishra,Vineet Gupta Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shree Prakash Singh,J.

¶5

Heard learned counsel for the applicant, Sri Mayank Sinha, learned A.G.A. for the State, and perused the material placed on record.

¶6

Instant application has been filed with the prayer to quash the impugned order dated 6.5.2024 passed by Additional Chief Judicial Magistrate-VI, Court Room No.30, Lucknow on discharge application of petitioner in Criminal Case No.115361 of 2022 (State Vs. Nandlal Rawat & others) and other proceeding of Criminal Case No.115361/2022 arising out of Case Crime No.083 of 2022, under Sections 147, 148, 323, 427, 506, 325 of Indian Penal Code, Police Station Dubagga, District Lucknow and charge sheet no.01 of 2022 dated 24.9.2022, pending before the learned Additional Chief Judicial Magistrate-VI, Court Room No.30, Lucknow.

¶7

Contention of the learned counsel for the applicant is that the injured as well as the informant appeared before the trial court on 6.12.2023 and they stated that the present applicant is not involved in committing any offence as the son of the informant fell down himself and succumbed to the injuries. He next added that there is no single whisper in the impugned order dated 6.5.2024 with respect to statements of the injured and informant. Therefore, submission is that the order dated 6.5.2024 passed by the trial court is erroneous and same may be quashed.

¶8

On the other hand, learned A.G.A. for the State submits that there is no ambiguity and unlawfulness in the order passed by the trial court, as such, no interference is warranted.

¶9

Let notice be issued to the opposite party nos.2 and 3 returnable at an early date.

¶10

Steps be taken within one week.

¶11

List/put up this matter in the week commencing 5.8.2024.

¶12

In the meantime, the opposite parties may file their counter affidavits.

¶13

Till then, criminal proceedings against the applicant in Criminal Case No.115361 of 2022 shall remain stayed.

¶14

Order Date :- 25.6.2024 Ram Murti

¶15

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ram Singh v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Singh v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Jyoti Maurya Thru. Her Husband Sri Himanshu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Digvijay Singh Vs State of U.P. Thru. Prin. Secy. Home Lko.

Vijaya Nand Maurya and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. U.P. and Another

Putti Lal Vs State of U.P. Thru. Secy. Deptt. Home Lko.

Arjun Prasad and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Rajeev Vs State of U.P. Thru. Prin.Secy. Home