Ram Sharan Sharma vs State Of U.P. And Another
2022 Latest Caselaw 5892 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 

 
Case :- APPLICATION U/S 482 No. - 8488 of 2022
 

 
Applicant :- Ram Sharan Sharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dheeraj Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Dheeraj 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 cognizance order dated 25.09.2020 and charge-sheet dated 05.11.2019 as well as entire proceeding of Criminal Case No.12723 of 2020 (State vs. Ram Sharan Sharma) arising out of Case Crime No.362 of 2018, under Sections 420, 288 IPC, Police Station-Bithoor, District-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 :- 4.7.2022

Jitendra/-