Allahabad High Court
Akash @ Kalua And Another vs State Of U.P. And Another on 24 March, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 9917 of 2023 Applicant :- Akash @ Kalua And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicants, Sri Ankit Srivastava, learned counsel for the State and perused the record.
The present application U/S 482 Cr.P.C. has been filed by the applicants- Akash @ Kalua and Jitendra with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge-sheet dated 27.05.2019 and entire proceeding Case No. 2858 of 2022 arising out of Case Crime No. 659 of 2018, under Sections 147, 332, 353 I.P.C. and 7 Criminal Law Amendment Act, 1932, Police Station Jahangirabad, District Bulandshahar upon which the learned magistrate was please to take cognizance on 28.06.2022 pending in the court of Chief Judicial Magistrate, Bulandshahar.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding Case No. 2858 of 2022 arising out of Case Crime No. 659 of 2018, under Sections 147, 332, 353 I.P.C. and 7 Criminal Law Amendment Act, 1932, Police Station Jahangirabad, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar.
and / or to pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so that justice be done."
The petition is totally misconceived as the entire petition shows that first information report dated 23.09.2019 is annexed as Annexure-1 and the charge-sheet dated 27.05.2019 is annexed as Annexure-2. There is no other document annexed in the petition which is important and needed to be filed in a petition for quashing as, as per the settled law, the entire material during investigation has to be seen for it and even the summoning order which has been prayed for to be quashed is also wanting.
At this stage, learned counsel for the applicants states that the present application be dismissed as withdrawn. The said prayer is allowed.
The present application U/S 482 Cr.P.C. is dismissed as withdrawn.
Order Date :- 24.3.2023 AS Rathore (Samit Gopal,J.)