Deepak Sahani And Another vs State Of U.P. And Another
2021 Latest Caselaw 2456 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 

 
Case :- APPLICATION U/S 482 No. - 4131 of 2021
 

 
Applicant :- Deepak Sahani And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pramod Kumar Sahani
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Pramod Kumar Sahani, learned counsel for the applicants, and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet dated 27.04.2020 submitted in Case Crime No. 70 of 2019, under section 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.-Mahila Thana, District-Gorakhpur as well as cognizance taking order dated 12.11.2020, passed by Civil Judge (J.D.)(F.T.C.)(C.A.W.), Gorakhpur.

There is no challenge to the summoning order passed by the court below nor, the copy of the same has been appended along with the application filed under Section 482 Cr.P.C.

In view of the judgment of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70, in the absence of any challenge to the summoning order the proceedings cannot be challenged by the accused. Consequently, the present application at the behest of the accused is not maintainable.

Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

Further liberty is granted to the applicant to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him.

Certified copy of the impugned order may be returned to the learned counsel for the applicants after retaining the photo copy of the same.

Order Date :- 17.2.2021

JK Yadav