Jafar Khan And Another vs State Of U.P. And Another
2022 Latest Caselaw 3171 ALL

Citation : 2022 Latest Caselaw 3171 ALL
Judgement Date : 17 May, 2022

Allahabad High Court

Jafar Khan And Another vs State Of U.P. And Another on 17 May, 2022

Bench: Raj Beer Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 25826 of 2021
 

 
Applicant :- Jafar Khan And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vivek Singh Shrinet
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.

The present application has been filed for quashing of the charge-sheet No.189 of 2020 dated 24.05.2020 as well as cognizance order dated 09.02.2021 (State Vs. Jafar Khan & Others), Case Crime No.1087/2018, under Sections 419, 420, 120-B, 504 and 506 IPC, P.S. Cantt, District Gorakhpur, pending in the Court of Chief Judicial Magistrate, Gorakhpur.

It may be observed that in the instant matter, applicant has not impugned the summoning order, passed by the Court below, nor the copy of the same has been appended along with this instant application under Section 482 CrPC. In view of the judgment of the co-ordinate Bench of this Court, in 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 and in the case of Ashok Kumar Yadav Vs. State of U.P. and another (Application under Section 482 CrPC No.1361 of 2021), decided on 22.01.2021, it is apparent that in absence of any challenge to the summoning order, the proceedings of that case cannot be quashed and such an application at behest of accused is not maintainable. In the instant case, there is no challenge to the summoning order.

Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

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 :- 17.5.2022

Neeraj