Sudheer Singh Tomar vs State Of U.P. And Another
2024 Latest Caselaw 21431 ALL

Allahabad High Court

Sudheer Singh Tomar vs State Of U.P. And Another on 1 July, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106257
 
Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 17454 of 2024
 

 
Applicant :- Sudheer Singh Tomar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vinod Diwakar,J.
 

1. Heard Shri Kuldeep Mishra, learned counsel for the applicant and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C., has been filed with the following prayer:

(i) Allow the present application and set aside/quash the Charge-sheet dated 30.11.2005 being charge-sheet no.48 of 2005 as well as the entire criminal proceedings of case no.4083A/07 (State of U.P. v. Sudheer Singh), arising out of Case Crime No.58 of 2004 for the offence under Section 406, 420, 452, 504, 506, 120-B IPC and Section 3/4 of Dowry Prohibition Act,1961 emanating from F.I.R. No.36 of 2004 registered at P.S. Badhpura, District Etawah, pending in the Court of Judicial Magistrate-II, District Etawah.

(ii) Quash the proceedings initiated under Section 82 Cr.P.C. + N.B.W dated 02.04.2024 and proceedings under Section 83 Cr.P.C. + N.B.W dated 05.03.2024.

3. It has been argued by the learned counsel for applicant that the trial qua him was separated on 03.09.2009, whereas the other co-accused persons have been acquitted by the trial Court on 09.09.2011. The applicant was not aware about the pending proceedings against him as he was working in Indian Army and no service was effected at his place even though, summons were issued to the address of his father. Admittedly the applicant was retired from Indian Army on 31.03.2020 and presently working as Postal Assistant at Gwalior in the Department of Post. The sole ground taken by the learned counsel for the applicant that the charge-sheet was filed against all the accused persons and the other co-accused' were acquitted by the trial Court, therefore, the charge-sheet qua the applicant be quashed. Learned counsel for the applicant has placed reliance upon the judgment passed by this Court in case of Intazar v. State of U.P. & Anr., decided on 03.04.2019 and Smt. Jitoon and others v. State of U.P. & Anr., decided on 03.04.2019.

4. From perusal of aforesaid judgments, it transpires that the facts of the present case are different from the judgments relied by the applicant therefore, the same are not applicable in the instant case. There are specific allegation against the applicant in the charge-sheet, therefore, no case for quashing of charge-sheet is made out, accordingly the application in respect of quashing of charge-sheet is dismissed.

5. So far as the proceedings under Section 82 and 83 Cr.P.C. are concerned, the applicant is at liberty to move appropriate application before the trial Court for setting aside the same. The effect and operation of order dated 02.04.2024 and 05.03.2024 is stayed for next 15 days or till the filing of application, whichever is earlier.

Order Date :- 1.7.2024

A. Tripathi

Justice Vinod Diwakar