Allahabad High Court
Shyamu @ Shyam Kumar & Others vs State Of U.P. & Another on 7 June, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- U/S 482/378/407 No. - 1893 of 2021 Applicant :- Shyamu @ Shyam Kumar & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the applicants as well as Shri Rao Narendra Singh-I, learned A.G.A. for the State and perused the record.
The present application has been filed with a prayer to quash the impugned charge sheet No.01 of 2020 dated 16.09.2020 filed in Case Crime No.164 of 2020, under Sections 323, 504, 308 I.P.C., P.S. Khodare, District Gonda along with the summoning order dated 05.02.2021 passed by Chief Judicial Magistrate, Gonda in Case No.507 of 2021 (State vs. Ajay Kumar & Others), including stay in the proceedings of the case.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. He further submitted that on the basis of concocted medical report and the statement of witnesses, the charge sheet has been filed by the Investigating Officer. Therefore, the kind indulgence of this Court is necessary.
Learned A.G.A. has submitted that after detailed investigation, charge sheet has been filed by the Investigating Officer and the court below has taken cognizance, and it is appropriate that the applicants may approach to the court below.
Considering the arguments of the learned counsel for the applicants as well as learned A.G.A. and going through the records, it is evident that the charge sheet has been filed by the Investigating Officer (appended as annexure No.2 to the application), hence no case is made out.
Accordingly, the application is hereby rejected.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.6.2021 S. Shivhare