Allahabad High Court
Vineet And Another vs State Of U.P. And Another on 29 July, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:120860 Court No. - 77 Case :- APPLICATION U/S 482 No. - 9800 of 2024 Applicant :- Vineet And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Tiwari,Javed Alam Counsel for Opposite Party :- G.A.,Vindeshwari Prasad Hon'ble Samit Gopal,J.
1. Heard Sri Javed Alam, learned counsel for the applicants, Sri Vindeshwari Prasad, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicants Vineet and Vivek with the following prayers:-
"It is most respectfully prayed that this Hon'ble Court in the interest of justice may graciously be pleased to allow this present application for quashing charge sheet No. 253/2023 dated 24.08.2023 including cognizance dated 24.11.2023 as well as entire proceeding with summoning order dated 24.11.2023 and N.B.W. dated 28.2.2024 as well as Section 82 arising out of in case crime no. 0310/2023 under section 323, 504, 506, 325, 308 I.P.C., P.S. Amroha Dehat, District Amroha, pending in the court of Additional Chief Judicial Magistrate, IIIrd Amroha.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further entire proceeding with summoning order dated 24.11.2023 and N.B.W. dated 28.2.2024 as well as Section 82 arising out of In case crime no. 0310/2023 under section 323, 504, 506, 325, 308 I.P.C., P.S. Amroha Dehat, District Amroha, pending in the court of Additional Chief Judicial Magistrate, IIIrd Amroha, during the pendency of present 482 Cr.P.C., otherwise the Applicants will suffer grave irreparable loss and injury."
3. The entire material collected during investigation has not been filed to appreciate the matter on its merits since only charge sheet, FIR and summoning order including the NBW have been filed.
4. In view of the same, in the opinion of the Court, it is insufficient to consider the matter on its merit.
5. Learned counsel for the applicants submits that a petition being Crl. Misc. Application U/s Cr.P.C. No. 17250 of 2024 (Prem Chandra and another Vs. State of U.P. and another) by co-accused Prem Chandra and another has been filed before this Court in which a co-ordinate Bench of this Court has stayed the proceedings of the said case, copy of the said order has been produced before the Court which is taken on record.
6. Learned counsel for the opposite party no.2 submits that the present petition is on the basis of concealment of vital fact and material inasmuch as a supplementary charge sheet under Section 308 IPC has been submitted but the said fact has not been disclosed and brought on record.
7. Be that as it may since the present petition in the opinion of the Court lacks the necessary documents, the present application under Section 482 Cr.P.C. is dismissed.
Order Date :- 29.7.2024 M. ARIF (Samit Gopal, J.)