Disposed¶12

Raghvendra Dixit v. State of Up and Another

Allahabad HC28 Apr 2025A482/4441/2024

Case brief

AI extract

What is this about?

482 CrPC application Raghvendra Dixit v. State of U.P.; quash proceedings Case No. 4087 of 2010 (ex-Criminal Case 2690 of 2007) under Sections 279, 338 IPC; Case Crime No. 127 of 2006 PS Bharthana District Etawah; summoning order dated 21.06.2023 and NBW dated 21.07.2023 by ACJM-1 Etawah; summons issued without taking cognizance on charge-sheet dated 01.02.2008; deficient report dated 13.05.2025 by Rajan Kumar Gond; fresh report ordered per Court's order dated 28.04.2025; interim order continued; listing week commencing 14.07.2025.

What did the court decide?

Interim order granted earlier shall continue till the next date of listing; matter listed for the week commencing 14.07.2025 pending a fresh report from the trial court. ¶12

Raghvendra Dixit vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order granted earlier shall continue till the next date of listing; matter listed for the week commencing 14.07.2025 pending a fresh report from the trial court.

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Issue for consideration

Why was the summoning order dated 21.06.2023 issued against the applicant without taking cognizance on the charge-sheet dated 01.02.2008 - to be explained by the Additional Chief Judicial Magistrate-I, Etawah through a fresh report.

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Court's answer

The report dated 13.05.2025 submitted by the Additional Chief Judicial Magistrate-I, Etawah did not mention the reason why the summoning order dated 21.06.2023 was issued against the applicant without taking cognizance on the charge-sheet dated 01.02.2008.

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Ratio / Principle

This Court directed the Additional Chief Judicial Magistrate-I, Etawah to submit a fresh report in compliance of its earlier order dated 28.04.2025.

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Detailed headnote1 paragraphs

Allahabad High Court, Court No. 75 (Arun Kumar Singh Deshwal, J.) - interim-stage order in Application u/s 482 Cr.P.C. No. 4441 of 2024 by Raghvendra Dixit seeking quashing of the entire proceedings of Case No. 4087 of 2010 (formerly Criminal Case No. 2690 of 2007, Manoj Kumar Vs. Chalak Motorcycle) under Sections 279, 338 I.P.C. arising out of Case Crime No. 127 of 2006, Police Station Bharthana, District Etawah, pending before Additional Chief Judicial Magistrate-1, Etawah, along with the summoning order dated 21.06.2023 and Non Bailable Warrant dated 21.07.2023. Responding to the trial court's report dated 13.05.2025 (which recounted the summons/NBW sequence and the applicant's bail of 29.05.2024 but omitted any explanation), the Court noted that the report failed to state why the summoning order was issued without taking cognizance on the charge-sheet dated 01.02.2008, directed submission of a fresh report in compliance of the Court's order dated 28.04.2025, listed the case for the week commencing 14.07.2025, and continued the interim order till then. No final adjudication of the quashing application was made.

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 4441 of 2024

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Applicant :- Raghvendra Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhan Gupta,Pawan Kumar Rao Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Pawan Kumar Rao, learned counsel for the applicant and Sri P.P. Tiwari, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 2690 of 2007 (Manoj Kumar Vs. Chalak Motorcycle) now renumbered as Case No. 4087 of 2010 (State Vs. Raghvendra Dixit) under Sections 279, 338 I.P.C. arising out of Case Crime No. 127 of 2006 under Sections 279, 338 I.P.C., Police StationBharthana, District- Etawah, pending in the Court of Additional Chief Judicial Magistrate-1, Etawah as well as summoning order dated 21.06.2023 and Non Bailable Warrant dated 21.07.2023 passed by Additional Chief Judicial Magistrate-1, Etawah.

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From the perusal of record, it appears that this Court vide order dated 28.04.2025 directed Additional Chief Judicial Magistrate-I, Etawah to submit report why summoning order has been issued against the applicant without taking cognizance on the charge-sheet dated 01.02.2008.

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In compliance of the order dated 28.04.2025, Additional Chief Judicial Magistrate-I, Etawah, Rajan Kumar Gond has submitted its report dated 13.05.2025 mentioning therein that accused did not appear on 21.06.2023. For that reason, summon was issued against the accused on 21.06.2023. When the accused did not appear before the court, nonbailable warrant was issued against him. Thereafter on

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29.05.2024, accused appeared before the court and obtained bail and he also recorded the statement on 05.06.2024.

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However, in this report, Additional Chief Judicial Magistrate-I, Etawah, has not mentioned the reason why summoning order dated 21.06.2023 has been issued against the applicant without taking cognizance on the charge-sheet dated 01.02.2008. Therefore, this Court directs Additional Chief Judicial Magistrate-I, Etawah, to submit fresh report in compliance of order dated 28.04.2025.

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List this case in the week commencing 14.07.2025.

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Interim order, granted earlier, shall continue till the next date of listing.

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Order Date :- 16.5.2025 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Raghvendra Dixit v. State of Up and Another

Case brief

What is this about?

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Raghvendra Dixit v. State of Up and Another

Case brief

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