Dismissed

Anish Khan and 3 Others v. State of U.P. and Another

Allahabad HC22 Aug 2024A482/9828/2024

Case brief

AI extract

What is this about?

Charge-sheeted accused sought quashing of a charge sheet, cognizance and summoning orders in a Ghaziabad criminal case under Sections 323 and 427 IPC via a Section 482 application. The State objected that the investigation material was missing from record, citing Kaptan Singh v State of U.P.; counsel could not rebut it, so the application was dismissed.

What the court decided

AI extract

Anish Khan and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:138730

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 9828 of 2024

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Applicant :- Anish Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Vinay Kumar Advocate holding brief of Mr. Ajay Singh Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicants Anish Khan And 3 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 13.01.2023 as well as cognizance and summoning order dated 18.09.2023 issued by the learned Judicial Magistrate, Ghaziabad in Case No. 2533 of 2023 (State Vs. Anis Khan and others) arising out of Case Crime No. 636 of 2022, under Sections 323, 427 I.P.C., P.S. Kheda, District-Ghaziabad which is pending before the Judicial Magistrate, Ghaziabad.

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It is further be pleased to stay the, entire proceedings of Case No. 2533 of 2023 (State Vs. Anis Khan and others) arising out of Case Crime No. 636 of 2022, under Sections 323, 427 I.P.C., P.S. Kheda, District-Ghaziabad which is pending before the Judicial Magistrate, Ghaziabad, otherwise the applicants shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since the entire material collected by the Investigating Officer during course of investigation has not been brought on record, therefore, the challenge laid to the impugned charge sheet, the Cognizance Taking Order/Summoning Order passed by court below as well as the entire proceedings pending against applicants before court below cannot be examined. Referring to the judgement of Supreme Court in Kaptan Singh Vs. State of U.P. (2021) 9 SCC 35, he submits that the Apex Court in

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aforementioned judgement has deprecated the practice of examining the veracity of the charge sheet/Cognizance Taking Order/Summoning Order in the absence of the said material. On the above premise, the learned A.G.A. contends that, this Court should not examine the correctness of the prayer prayed for by applicants in present application. As such, present application is liable to be dismissed.

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When confronted with above, the learned counsel for applicants could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record this court finds that objections raised by the learned A.G.A. in opposition to this application are borne out from the record and further the same could not be dislodged by the learned counsel for applicant.

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In view of above, present application fails and is liable to be dismissed.

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It is accordingly dismissed .

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Order Date :- 29.8.2024 YK

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

Anish Khan and 3 Others v. State of U.P. and Another

Case brief

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Anish Khan and 3 Others v. State of U.P. and Another

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