Prajjwal Nishad @ Prajjwal Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Prajjwal Nishad @ Prajjwal Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to file a fresh application giving better particulars, details and proper prayer; certified copies of enclosed documents to be returned to counsel for the applicant after photocopies are retained on record.

Issue for consideration

Whether the application under Section 482 Cr.P.C. should be dismissed as withdrawn on account of inherent defects that cannot be cured by a supplementary affidavit or an amendment application, with liberty to file a fresh application giving better particulars, details and proper prayer.

Court's answer

The application is dismissed as withdrawn with liberty to file a fresh application giving better particulars, details and proper prayer; the prayer was not opposed by the learned A.G.A. for State-opposite party no.1 or by counsel for first informant/opposite party no.2.

Ratio / Principle

Certified copies of the documents enclosed with the application shall be returned to the learned counsel for the applicant after obtaining photocopies to be kept on record.

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.), Application U/S 482 No. 36520 of 2024, decided 6.3.2025 (Neutral Citation 2025:AHC:32897): Prajjwal Nishad @ Prajjwal Kumar, a charge-sheeted accused, filed an application under Section 482 Cr.P.C. seeking quashing of the cognizance order dated 02-04-2024 in case no. 17372/2024, the charge sheet dated 13/01/2024, and the entire proceedings of Case Crime No. 0667/2023 under Sections 376 & 504 IPC, P.S. Chiluatal, District Gorakhpur, pending before the A.C.J.M./Civil Judge (Sr. Division), Court No.2, Gorakhpur. At the outset, counsel for the applicant submitted that the application suffered from inherent defects incapable of being cured by a supplementary affidavit or an amendment application, and prayed that it be dismissed as withdrawn with liberty to file a fresh application giving better particulars, details and proper prayer. The prayer was not opposed by the learned A.G.A. for the State or by counsel for the first informant. The Court dismissed the application as withdrawn with the said liberty and directed that certified copies of the documents enclosed be returned to counsel for the applicant after photocopies were retained on record. No merits of the quashing prayer were examined and no precedent was considered.

Neutral Citation No. - 2025:AHC:32897

Court No. - 71

Case :- APPLICATION U/S 482 No. - 36520 of 2024

Applicant :- Prajjwal Nishad @ Prajjwal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya

Counsel for Opposite Party :- Anand Kumar, Nilesh Kumar Dubey,G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Shashi Shekhar Maurya, the learned counsel for applicant, the learned A.G.A. for State-opposite party no.1 and Mr. Ranu, Advocate holding brief of Mr. Nilesh Kumar Dubey, the learned counsel representing first informant/opposite party no.2.

2. Perused the record.

Applicant Prajjwal Nishad @ Prajjwal Kumar who is a charge-sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quashing the impugned cognizance order dated 02-04-2024 in case no. 17372/2024 as well as charge sheet dated 13/01/2024 arising out from Case Crime No. 0667/2023 U/S376 & 504 I.P.C. P.S.- Chiluatal, District-Gorakhpur which has been pending before in the court of A.C.J.M./Civil Judge (Sr. Division), Court No.2 Gorakhpur, District- Gorakhpur and also quash the entire proceeding in Case Crime No. 0667/2023 U/S- 376 & 504 I.P.C. P.S.- Chiluatal, District- Gorakhpur which has been pending before in the court of A.C.J.M. / Civil Judge (Sr. Division), Court No.2 Gorakhpur, District- Gorakhpur."

At the very outset, the learned counsel for applicant submits that since there are inherent defects in the present application, which cannot be cured by filing a supplementary affidavit or an amendment application, therefore, the present application be dismissed as withdrawn with liberty to file fresh application giving better particulars, details and proper prayer.

Prayer so made by the learned counsel for applicant is not opposed by the learned A.G.A. for State-opposite party no.1 and Mr. Ranu, Advocate holding brief of Mr. Nilesh Kumar

Dubey, the learned counsel representing first informant/opposite party no.2.

In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid.

Certified copies of the documents enclosed along with this application shall be returned to the learned counsel for applicant after obtaining the photo copies of the same to be kept on record.

(Rajeev Misra, J.)

Order Date :- 6.3.2025 Sushil/-

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