Dismissed¶11

Shiv Kumar Chaudhary v. State of U.P. and Another

Allahabad HC18 Aug 2025A482/42602/2024

Case brief

AI extract

What is this about?

Quashing application under section 482 Cr.P.C. dismissed; challenge to charge-sheet dated 08.11.2022 and cognizance/summoning order dated 27.02.2024 in Criminal Case No. 7822 of 2024 (State vs. Palakdhari and Others) arising out of Case Crime No. 115 of 2022, sections 379 I.P.C. and 26 Indian Forest Act 1927, P.S. Chowk, District Maharajganj; no illegality found in charge-sheet or summoning order; liberty to pursue other legal remedies; Shiv Kumar Chaudhary v. State of U.P.; Neutral Citation 2025:AHC:140012; decided 18.8.2025.

What did the court decide?

No substantive relief; the application was dismissed, with liberty reserved to the applicant to avail all other legal remedies available at law. ¶11

Shiv Kumar Chaudhary vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:140012

¶2

Court No. - 77

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Case :- APPLICATION U/S 482 No. - 42602 of 2024

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Applicant :- Shiv Kumar Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 08.11.2022, cognizance/summoning order dated 27.02.2024 as well as the entire proceedings of Criminal Case No.7822 of 2024 (State vs. Palakdhari and Others) arising out of Case Crime No.115 of 2022, under section 379 I.P.C. and section 26 of Indian Forest Act, 1927, P.S. Chowk, District- Maharajganj, pending in the court of learned Judicial Magistrate, Maharajganj.

¶8

Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offence against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.

¶9

Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.

¶10

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.

¶11

In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed .

¶12

However, the applicant will be at liberty to avail all the other legal remedies available at law.

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Order Date :- 18.8.2025

¶14

Saif

¶15

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Shiv Kumar Chaudhary v. State of U.P. and Another

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Shiv Kumar Chaudhary v. State of U.P. and Another

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