Sahil @ Kohinoor And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 6923 ALL

Citation : 2023 Latest Caselaw 6923 ALL
Judgement Date : 2 March, 2023

Allahabad High Court

Sahil @ Kohinoor And 2 Others vs State Of U.P. And Another on 2 March, 2023

Bench: Manju Rani Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 
Case :- APPLICATION U/S 482 No. - 3714 of 2023
 
Applicant :- Sahil @ Kohinoor And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Vinay Kumar, 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 by the applicants with a prayer to quash he entire proceedings including the cognizance order dated 14.12.2022 as well as the charge sheet dated 25.11.2022 in Criminal Case No.2292 of 2022 (State vs. Sahil @ Kohinoor and others), arising out of Case Crime No.63 of 2022, under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station-Mahila Thana, District-Hathras, pending in the court of Judicial Magistrate, Hathras.

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 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, if any, may be returned to the learned counsel for the applicant after retaining the photo copy of the same.

Order Date :- 2.3.2023

Jitendra/-