Allahabad High Court
Satyam Shukla And Another vs State Of U.P. And Another on 5 November, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 39742 of 2019 Applicant :- Satyam Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalesh Kumar Nishad,Lalit Kumar Counsel for Opposite Party :- G.A. Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been filed with the prayer to quash the cognizance order dated 30.07.2019 as well as entire proceeding in Criminal Case No.1473 of 2019 (State vs. Satyam and others) arising out of Case Crime No.509 of 2018, u/s 504, 506 I.P.C., P.S.-Meja, District-Allahabad, pending before the A.C.J.M., Court No.1, Allahabad.
Heard learned counsel for the applicants and learned A.G.A. for the State. Record has been perused.
Submission of the counsel for the applicants is that the sections under which charge sheet has been submitted, attract the provisions of Section 2(d) of Cr.P.C. But the counsel for the applicants has not been able to point out any such flaw in the process adopted by the court below which may indicate that the right procedure has not been followed or which may persuade this Court to interfere in the same. There is also no abuse of court's process reflected in the same. It goes without saying that the court below is required to act in accordance with law as has been prescribed in the Code of Criminal Procedure and also keep in perspective Section 2(d) of Cr.P.C.
With the aforesaid observations this application stands disposed off.
Order Date :- 5.11.2019/M. Kumar