Adrash Pandey Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Adrash Pandey Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge sheet, bailable warrant and the entire proceedings of Case Crime No.0260 of 2017 under Sections 279 and 338 I.P.C., pending before the Juvenile Justice Board, Faizabad, could be quashed on the applicant's submissions that he was a juvenile at the time of the incident and that both offences are non-cognizable. +1 more

Court's answer

The court held that the learned counsel for the applicant failed to make out any ground for quashing of the charge sheet, cognizance order and the proceedings pending against the applicant.

Ratio / Principle

In the absence of any ground for quashing of the proceedings, the court found no merit in the application.

Detailed headnote1 paragraphs

Hon'ble Subhash Vidyarthi, J. (High Court of Judicature at Allahabad, Lucknow Bench, Court No. - 15; Neutral Citation No. - 2025:AHC-LKO:37584), by order dated 3.7.2025, dismissed APPLICATION U/S 482 No. - 3037 of 2025 filed by Adrash Pandey under Section 482 Cr.P.C./Section 528 BNSS praying for quashing of charge sheet no.01 dated 08.01.2018, bailable warrant dated 25.03.2025 and the entire proceedings of Case Crime No.0260 of 2017 under Sections 279, 338 I.P.C., Police Station Kotwali Ayodhya, District Ayodhya/Faizabad, pending before the Juvenile Justice Board, Faizabad. Counsel for the applicant had submitted that the incident arose from the applicant accidentally hitting the informant with a bicycle causing a hairline fracture, that the applicant was a juvenile at the time of the incident and has since attained majority, and that both offences are non-cognizable; the learned A.G.A. opposed, submitting that both offences are cognizable, the F.I.R. was lodged, the allegations were established during investigation, a charge sheet was submitted and the trial court took cognizance and summoned the applicant to face trial. Holding that counsel failed to make out any ground for quashing of the charge sheet, cognizance order and pending proceedings, the court found no merit in the application and dismissed it.

Neutral Citation No. - 2025:AHC-LKO:37584

Court No. - 15

Case :- APPLICATION U/S 482 No. - 3037 of 2025

Applicant :- Adrash Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Saima Khan,Abhisek Kumar Dixit,Pankaj Kumar Dixit Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Abhishek Kumar, the learned counsel for the petitioner, Sri Avishesh Kumar Singh, learned A.G.A. for the State and perused the records.

By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of charge sheet no.01, dated 08.01.2018, bailable warrant dated 25.03.2025 along with entire proceedings Case Crime No.0260 of 2017, under Section 279, 338 I.P.C. Police Station Kotwali Ayodhya, District Ayodhya/Faizabad, pending before the Juvenile Justice Board, Faizabad.

The learned counsel for the applicant has submitted that the incident took place while the applicant accidentally hit the informant with bicycle due to which the informant suffered hairline fracture. He has submitted that the applicant was a juvenile at the time of incident and now he has attained majority. As per the learned counsel for the applicant both the offences are non-cognizable.

The learned A.G.A. appearing on behalf of the State has opposed the aforesaid submission of the learned counsel for the applicant and he has submitted that both the offences are

cognizable and that is why the F.I.R. has been lodged in the matter. The allegations were established during investigation and thereafter a charge sheet was submitted and the trial court has taken cognizance of the offences and summoned the applicant to face trial.

The learned counsel for the applicant failed to make out any ground for quashing of the charge sheet, cognizance order and the proceedings pending against the applicant. In absence of any ground for quashing of the proceedings, this court finds no merit in the application.

The application is accordingly dismissed .

[Subhash Vidyarthi, J.]

Order Date :- 3.7.2025 Ram.

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