Raghvendra Singh @ Dabbu Thakur vs State Of U.P. And Another
2022 Latest Caselaw 10313 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 
Case :- APPLICATION U/S 482 No. - 22711 of 2022
 
Applicant :- Raghvendra Singh @ Dabbu Thakur
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyam Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. K.M. Tripathi, Advocate holding brief of Mr. Satyam Pandey, 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 dated 17.04.2021 and cognizance order dated 21.05.2021 as well as the entire proceedings of Criminal Case No.79209 of 2021 (State vs. Devendra Pratap Singh @ Pappu Thakur and Others) arising out of Case Crime No. 816 of 2020, under sections 406, 420, 506 IPC, P.S. Barra, District-Kanpur Nagar, pending in the Court of Special Chef Judicial Magistrate, Kanpur Nagar.

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 applicant after retaining the photo copy of the same.

Order Date :- 16.8.2022

Jitendra/-