Rakesh Kumar Dubey vs State Of U.P. And Another
2022 Latest Caselaw 6136 ALL

Citation : 2022 Latest Caselaw 6136 ALL
Judgement Date : 6 July, 2022

Allahabad High Court

Rakesh Kumar Dubey vs State Of U.P. And Another on 6 July, 2022

Bench: Manju Rani Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 

 
Case :- APPLICATION U/S 482 No. - 3494 of 2022
 

 
Applicant :- Rakesh Kumar Dubey
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla
 
Counsel for Opposite Party :- G.A.,Ritesh Singh,Suresh Singh
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Vipul Shukla, learned counsel for the applicant, learned A.G.A. for the State and Sri Suresh Singh, learned counsel for opposite party no.2.

This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet no. 303 of 2021 dated 14.06.2021, cognizance order dated 28.09.2021 as well as the entire proceedings of Criminal Case No.9962 of 2021 arising out of Case Crime No. 63 of 2021 under Sections 420, 406, 504, 506 I.P.C., Police Station Sadar Bazar, District-Shahjahan pending in the Court of Chief Judicial Magistrate, Shahjahanpur.

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 a 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 learned counsel for the applicant after retaining the photo copy of the same.

Order Date :- 6.7.2022

Madhurima