Allahabad High Court
Guddu @ Lavkesh Kumar Singh vs State Of U.P. Thru. Addl. Chief ... on 29 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 5402 of 2023
Applicant :- Guddu @ Lavkesh Kumar Singh
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
Counsel for Applicant :- Rajendra Pratap Singh,Surendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Sudhir Kumar Upadhyaya, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash/set aside the proceedings of Criminal Case No. 2760 of 2006, pending before the court of Chief Judicial Magistrate, Sultanpur (State Vs Guddu) under sections 147,148,307 of I.P.C., Police Station-Musafirkhana, District-Amethi.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that role of opening fire was initially assigned to the present applicant alongwith another co-accused person, as has been alleged in the first information report, but, the story has been disowned by the injured as well as the informant and thereafter, the trial court has acquitted all the accused persons. He added that since the present applicant could not appear and face the trial with the other co-accused persons, therefore, proceeding with the further trial against the present applicant, would be a futile exercise.
Adding his arguments, he has placed reliance on Judgment reported in 2022 Live Law(All)148, Anand Mishra @ Amit Mishra @ Surya Prakash Mishra Vs. State of U.P. and another and the case of Diwan Singh Vs. State reported in 1964 Lawsuit (All)182, and submits that the case of the present applicant is squarely covered with the ratio of Judgments aforesaid and thus, the criminal proceedings against the applicant may be quashed.
On the other hand, learned A.G.A. appearing for the State has objected to the contentions aforesaid and added that the applicant is involved in committing offence as there is a specific role of opening fire over the injured by the present applicant and thus, no interference is warranted.
The matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the Second Week of July,2023.
In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.
Till the next date of listing, the proceedings initiated in pursuance of Criminal Case No. 2760 of 2006, pending before the court of Chief Judicial Magistrate, Sultanpur (State Vs Guddu) under sections 147,148,307 of I.P.C., Police Station-Musafirkhana, District-Amethi,shall remain stayed, so far as the present applicant is concerned.
Order Date :- 29.5.2023
AKS
