Gaurav Yadav vs State Of U.P. And Another
2022 Latest Caselaw 3266 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 1299 of 2022
 

 
Applicant :- Gaurav Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet dated 20.01.2020 and entire proceedings of Case No. 1233 of 2021, (State vs. Gyandeep), arising out of Case Crime No. 278 of 2019, under sections 323, 504, 506, 352, 452 IPC, P.S. Nawabganj, District Farrukhabad pending in the Court of Additional Chief Judicial Magistrate, Farrukhabad.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The Investigating Officer has not conducted investigation properly and that charge-sheet was filed in a routine manner. It was submitted that perusal of entire evidence does not make out a case against the applicant and the impugned proceedings are abuse of the process of law and thus, liable to be set aside.

Learned A.G.A. has opposed the application and argued that in view of the allegations made in the FIR and material collected during investigation, it cannot be said that no prima facie case is made out against the applicant.

In the instant case, it may be seen that 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 the co-ordinate Bench of this Court, in the case of Simplex Infrastructures and 4 others v. State of U.P. And Another [Laws (All) 2018 (11) 70] and in the case of Ashok Kumar Yadav v. State of U.P. & Anr. [Criminal Misc. Application u/s 482 Cr.P.C. No. 1361 of 2021], decided on 22.01.2021, in the absence of any challenge to the summoning order, the charge-sheet or proceedings cannot be quashed. Hence, the prayer as made above, is liable to be refused.

Accordingly, the prayer as made above, is refused.

At this stage, learned counsel for the applicant has submitted that applicant may be granted some interim protection so that he may approach the court concerned for bail.

In view of the aforesaid, it is directed that in case, applicant appears and surrenders before the Court below within 30 days from today and applies for bail, then his prayer for bail shall be considered and decided expeditiously in accordance with settled law. For a period of 30 from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant.

The application under Section 482 Cr.P.C. is disposed of accordingly.

Order Date :- 18.5.2022

Anand