Dismissed¶16

Shakti Singh @ Janu Singh v. State of Up and Another

Allahabad HC16 Sept 2025A482/30278/2024

Case brief

AI extract

What is this about?

Section 482 quashing application dismissed — Allahabad High Court, Jitendra Kumar Sinha, J., September 17, 2025; abuse of process not shown; Criminal Case No. 710 of 2023 / Case Crime No. 258 of 2021; section 307 IPC; P.S. Sadat, District Ghazipur; charge sheet dated 13.6.2022; summoning order dated 18.3.2023, Judicial Magistrate Room No. 2, Saidpur; injured's section 161 Cr.P.C. statement; informant affidavit before investigating officer; liberty to raise grievance before trial court.

What did the court decide?

No substantive relief; the application was dismissed, with liberty reserved to the applicant to raise his grievance at the appropriate stage before the learned trial court. ¶16

Shakti Singh @ Janu Singh Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 30278 of 2024

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Shakti Singh @ Janu Singh

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	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Pulak Ganguly, Ravi Bhushan Singh : Harish Chandra, G.A.

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Court No. - 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri Harish Chandra, learned counsel for the opposite party no. 2 and Sri O.P. Singh, learned AGA for the State.

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Instant application has been filed with the prayer to quash the entire proceeding of Criminal Case No. 710 of 2023 arising out of Case Crime No. 258 of 2021, under section 307 IPC, P.S. Sadat, District Ghazipur including charge sheet dated 13.6.2022 as well as summoning order dated 18.3.2023 passed by Judicial Magistrate, Room No. 2, Saidpur, Ghazipur. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application.

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Learned counsel for the applicant submitted that present prosecution is abuse of process of the court. It is further submitted that no offence under section 307 IPC is made out as injury sustained by injured is not on the vital part. The incident is said to have taken place under the influence of alcohol. It is also submitted that informant has subsequently filed an affidavit before the investigating officer stating therein that it was not applicant who has fired the shot from his fire arm.

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Learned counsel for the opposite party no. 2 submitted that injured in his statement recorded under section 161 Cr.P.C. has categorically stated that the applicant fired shot from his fire arm which hit him.

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On the other hand, learned AGA for the State supported the argument of

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A482 No. 30278 of 2024

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the learned counsel for the opposite party no. 2 and submitted that no abuse of process of the court has been occasioned by the order impugned.

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On perusal of the entire facts and circumstances of the case, the applicant has failed to show any abuse of process of the court and the application lacks merits and same deserves to be dismissed.

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Application is, accordingly, dismissed.

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However, applicant shall have liberty to raise his grievance at appropriate stage before learned trial court.

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(Jitendra Kumar Sinha,J.)

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September 17, 2025 SY

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Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad

Shakti Singh @ Janu Singh v. State of Up and Another

Case brief

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Shakti Singh @ Janu Singh v. State of Up and Another

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