Disposed¶12

Shiv Shankar Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Allahabad HC25 Jun 2025A482/5027/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench, Court No. 11; Application U/S 482 No. 5027 of 2025; Shiv Shankar Pandey vs. State of U.P.; quashing of criminal proceedings, charge sheet and summoning order refused; F.I.R. No. 337 of 2020; Sections 323, 504, 506, 452 IPC; Police Jamo, District Amethi; Criminal Case No. 4215 of 2021; summoning order dated 9.4.2021; Judicial Magistrate Room No. 29, Sultanpur; liberty to file discharge application; disposed of finally; Justice Subhash Chandra Sharma; order date 25.6.2025.

What did the court decide?

No substantive relief; prayer for quashing refused, with liberty to the applicant to seek discharge before the learned trial court. ¶12

Shiv Shankar Pandey Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:36320

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5027 of 2025

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Applicant :- Shiv Shankar Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Shankar Lal Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, learned A.G.A. and perused material on record.

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The present application has been filed by the applicant with a prayer to quash the entire proceedings of Criminal Case No. 4215 of 2021 (State Vs. Shivshankar Pandey) arsing out of charge sheet no. 1 of 2020 dated 219.9.2020 arising out of F.I.R. No. 337 of 2020, under Sections 323, 504, 506, 452 IPC, Police Jamo, District Amethi as well as summoning order dated 9.4.2021 passed by learned Judicial Magistrate, Room No. 29, Sultanpur.

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It is submitted that in this case, he is innocent and has falsely been implicated. The applicant has been charge sheeted and summoning order has also been passed by the court concerned vide order dated 9.4.201 without applying his judicial mind, therefore, requested to quash the proceedings of the case along with charge sheet.

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Learned A.G.A. opposed the prayer for quashing the charge sheet and summoning order. In this case, after investigation charge sheet has been filed and learned trial court has passed the order in question applying its judicial mind. The reliability of the statements of witnesses cannot be decided at this stage before this Court but it can only be done during trial. Applicants may have an option to move discharge before the court concerned at appropriate stage with his submissions. Hence this application being devoid of merit is liable to be dismissed.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, there appears no ground to grant any indulgence in favour of the applicant at this stage, as a result, prayer for quashing the entire proceedings of the case is hereby refused. Further, applicant may have an option to

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move an application for discharge through counsel before the learned trial court which shall be heard and decided in accordance with law on the basis of material on record.

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Accordingly, this application stands disposed of finally.

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Order Date :- 25.6.2025 Anurag Singh

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

Shiv Shankar Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

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Shiv Shankar Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

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