Sahab Yadav Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:107953

Court No. - 77

Case :- APPLICATION U/S 482 No. - 36397 of 2024

Applicant :- Sahab Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for applicant and learned AGA for the State-respondent.

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The present application has been preferred challenging chargesheet no.440/2020 dated 16.10.2020 and cognizance as well as summoning order dated 12.04.2021 along with entire proceedings of Case No.958 of 2021 (State Vs. Durga Prasad Yadav and others), arising out of Case Crime No.12 of 2020, under Section 147, 148, 342, 332, 353, 504 IPC and Section 7 of Criminal Law Amendment Act, Police Station Sarai Inayat, District Allahabad, pending in the court of learned Addl. Chief Judicial Magistrate-9th, Allahabad.

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Vide earlier order dated 08.11.2024, time was granted to learned AGA to seek instructions with regard to role of the applicant in the alleged incident but the same has not been received till today.

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Brief facts of the present case are that on dated 06.01.2020, in an accident, two camels were died on road and the applicant and 40-50 unknown persons having lathis interrupted the road with intention to obstruct the same and also misbehaved with the police personals. In pursuance of the said incident, an FIR being Case Crime No.12 of 2020, under Section 147, 148, 342, 332, 353, 504 IPC and Section 7 of Criminal Law Amendment Act was lodged against 12 named persons including applicant and 35-40 unknown persons. After registering the FIR, the concerned Investigating Officer started inquiry in shape of recording statements under Section 161 Cr.P.C. and collecting evidence which culminated into submission of chargesheet against applicant and other co-accused persons whereupon learned court concerned took cognizance of offence vide order dated 12.04.2021 which impugned the present application.

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Learned counsel for applicant has submitted that applicant has falsely been implicated in the present case since has no concern with the obstruction of public road. Learned counsel for applicant further submitted that only general role has been assigned to the applicant and no injury has ever been received by any police personals. It has also been submitted by learned counsel for applicant that the owner of the camels was one Durga Prasad/coaccused who is resident of Village Uttari Kotwa whereas applicant is resident of Village Vipar, Dakshani Kotwa and as such, there is no relation between applicant and Durga Prasad but without conducting fair investigation, the concerned Investigating Officer submitted chargesheet against applicant but whereupon without applying its judicial mind, learned court concerned taken cognizance over the said chargesheet which is abuse of process of law and as such, same may be quashed. It has also been apprised by learned counsel for applicant that applicant is having no criminal history except the present case and he was only a spectator of the alleged incident.

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Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and rebutted the stands taken up by learned counsel for applicant by way of submitting that the applicant was involved in obstructing public way and as such, no relief can be granted to him.

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After having the rival contentions raised by learned counsel for applicant and perusal of the material available on record, it is apparent that only being a spectator of the spot where the accident was happened which cannot be ground for dragging the applicant into a criminal litigation and moreso, he is having no criminal history, the entire criminal proceedings of the present case is liable to be quashed.

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In view thereof, chargesheet no.440/2020 dated 16.10.2020 and cognizance as well as summoning order dated 12.04.2021 along with entire proceedings of Case No.958 of 2021 (State Vs. Durga Prasad Yadav and others), arising out of Case Crime No.12 of 2020, under Section 147, 148, 342, 332, 353, 504 IPC and Section 7 of Criminal Law Amendment Act, Police Station Sarai Inayat, District Allahabad, pending in the court of learned Addl. Chief Judicial Magistrate-9th, Allahabad, are hereby quashed qua to the applicant only.

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Accordingly, the instant application is allowed .

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Order Date :- 8.7.2025/Vivek Kr.

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

Sahab Yadav v. State of U.P. and Another

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