Nazim vs State Of U.P. And Another
2023 Latest Caselaw 11147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 8582 of 2023
 

 
Applicant :- Nazim
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Kumar Mishra,Devendra Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard Sri Shahabuddin, learned counsel for the applicants and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Case No. 2151 of 2022 (State vs. Sajid and others) and charge-sheet no. 02 of 2022 dated 15.5.2022, arising out of case crime no. 16 of 2022, under Section 3,5, and 8 of U.P. Cow Slaughter Prevention Act, P.S. Gunnaur, District Sambhal and cognizance order dated 1.10.2022 passed by Judicial Magistrate, Sambhal at Chandausi.

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 applicants 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 them.

Certified copy of the impugned order may be returned to the learned counsel for the applicants after retaining the photo copy of the same.

Order Date :- 13.4.2023

S.S.