Om Prakash And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57997
 
Court No. - 12
 
Case :- APPLICATION U/S 482 No. - 7128 of 2023
 
Applicant :- Om Prakash And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Sectt. Lko. And Another
 
Counsel for Applicant :- Shashank Shukla,Madhu Srivastava,Sadhu Saran Shukla
 
Counsel for Opposite Party :- G.A.,Saroj Yadav,Yaduvansh Mani Singh Yadav
 

 
Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicants, Shri Mani Singh Yadav, learned counsel for the opposite party No.2 and learned A.G.A. for the State.

2. The present application is filed with the following prayer:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court most graciously be pleased to quash chargesheet no.01/2021 of Case Crime No. 528/2021, under section-498A/354(A)/323/504/506 I.P.C. & Section-3/4 DP Act P.S. Kotwali District Unnao and also the summoning order dated 19.09.2021 passed by Chief Judicial Magistrate Unnao annexed as Annexure No.1 and 2 and grant any other relief as may be deemed just fit and proper in the circumstances of the case."

3. Learned counsel for the applicants submits that the FIR in question was lodged after six years and the evidences provided by the applicants are not considered by the Investigating Officer and he also submitted that general allegations have been made in the statements. Therefore, kind indulgence of this Court is necessary.

4. Learned A.G.A. vehemently opposes the prayer of applicants and submitted that all these evidences can be considered by the learned trial court and also relied upon by the judgment of Hon'ble Apex Court in the case of CBI vs. Aryan Singh 2023 SCC Online SC 379 and based upon the same submitted that mini trial is not permissible. Therefore, the application is liable to be dismissed.

5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application as well as other relevant documents, it is evident that the charge sheet has already been filed and the issue in question is well settled by the Hon'ble Apex Court in CBI vs. Aryan Singh (Supra) that the evidences collected by the Investigating Officer can be considered by the learned court below, therefore, the application is liable to be dismissed.

6. In view of aforesaid facts and circumstances, the present application lacks merit.

7. Accordingly, the present application U/s 482 Cr.P.C. stands dismissed.

8. The trial court is directed to proceed in accordance with law.

Order Date :- 29.8.2023

Raj