Pappu Alias Dragpal vs State Of U.P. And Another
2023 Latest Caselaw 22420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167017
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 27991 of 2023
 

 
Applicant :- Pappu Alias Dragpal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 31.05.2023 as well as entire proceedings of Case No.63 of 2023 (Sarvesh Kumar vs. Narsing and others) arising out of Case Crime No.642 of 2022, under Section 307 I.P.C., PS Kanth, District Shahjahanpur, pending in the Court of Additional Chief Judicial Magistrate-IIIrd Shahjahanpur.

3. Learned counsel for the applicant submits that investigating officer submitted final report and on protest of the informant, applicant has been summoned. There is no evidence against the applicant to implicate him in the present case and summoning order is without application of judicial mind and abuse of the process of the court.

4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submitted that it is a disputed question of facts which cannot be examined at this stage.

5. Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned by learned counsel for the applicant are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

8. However, if the applicant shall surrender before the concerned court within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned in accordance with law.

Order Date :- 18.8.2023

SKD