Ram Lachan @ Ram Lachhan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5581 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- APPLICATION U/S 482 No. - 4077 of 2022
 
Applicant :- Ram Lachan @ Ram Lachhan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
 
Counsel for Applicant :- Ram Prasad Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned A.G.A. for State as well as perused the record.

In view of order being proposed to be passed, notices to respondent no.2 stand dispensed with.

Petition under Section 482 Cr.P.C. has been filed with prayer to quash the Criminal Case No. ........ of 2021, State versus Ram Lachhan arising out of case crime no.427 of 2020, under Sections 323, 504, 506, 336, 308 I.P.C., Police Station Itiyathok, District Gonda pending in the court of V Additional Civil Judge (Junior Division)/Judicial Magistrate, Gonda as well as summoning order dated 29.09.2021 issued by Vth Additonal Civil Judge (J.D.)/ Judicial Magistrate, Gonda alongwith charge-sheet no.01 of 2021 dated 20.03.2021.

It is submitted that the present case is covered by judgment rendered by Hon'ble Supreme Court in the Case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 on 7.10.2021 since the offences against petitioner indicated in the charge-sheet are within category A of the aforesaid judgment. Learned counsel for petitioner submits that petitioner had cooperated and was not arrested during investigation.

Learned A.G.A. appearing on behalf of State does not dispute the aforesaid facts.

In view of aforesaid submissions advanced by learned counsel for parties, it is evident that offences against petitioner indicated in the charge-sheet clearly fall under category A of judgment in the case of Satender Kumar Antil(supra).

In view of aforesaid, petitioner is granted benefit of judgment rendered in the aforesaid case of Satender Kumar Antil(supra).

The petition is disposed of accordingly.

Order Date :- 29.6.2022

Subodh/-