Ashok Kumar Yadav vs State Of U.P. And Another
2021 Latest Caselaw 1484 ALL

Citation : 2021 Latest Caselaw 1484 ALL
Judgement Date : 22 January, 2021

Allahabad High Court

Ashok Kumar Yadav vs State Of U.P. And Another on 22 January, 2021

Bench: Manju Rani Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 
Case :- APPLICATION U/S 482 No. - 1361 of 2021
 
Applicant :- Ashok Kumar Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Sandeep Kumar Singh, learned counsel for the applicant, and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet No. 149 of 2019, dated 22.07.2019 and the cognizance order dated 25.07.2019 as well as the entire proceedings of Case No. 811 of 2019 (State vs. Ashok Kumar Yadav), arising out of Case Crime No. 536 of 2018, under sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Prayagraj (Allahabad), pending in the Court of Additional Chief Judicial Magistrate-17, Allahabad.

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 the Co-ordinate Bench 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 applicant after retaining the photo copy of the same.

Order Date :- 22.1.2021

JK Yadav