Chandrapal vs State Of U.P. And Another
2024 Latest Caselaw 17242 ALL

Allahabad High Court

Chandrapal vs State Of U.P. And Another on 15 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88032
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 10354 of 2024
 

 
Applicant :- Chandrapal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Prakash Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

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

Present application u/s 482 of Cr PC has been filed by the applicant, praying for quashing the entire proceeding of Complaint Case No.5084 of 2022 (Ashok Kumar vs. Chandrapal) under Sections 323, 504, 379 of IPC, Police Station Arniya, District Bulandshahr, including summoning order dated 18.11.2022.

It is submitted by learned counsel for the applicant that in the complaint filed by opposite party no.2, no date is mentioned. A civil suit is also pending between the parties. There are material contradictions in the statements recorded under Sections 200 and 202 of Cr PC. The only allegation against the applicant is for theft of soil. The complaint has been filed after three years of the alleged incident.

It is further submitted that no specific finding has been recorded by the learned Magistrate while summoning the applicant. In support of his submission, learned counsel for the applicant relied upon the judgments of the Supreme Court in Kunti and Anr. vs. State of UP and Anr. (Criminal Appeal No.1380 of 2023, decided on 3rd May, 2023) and in Lalankumar Singh vs. State of Maharashtra, 2022 0 Supreme (SC) 1030.

Per contra, learned AGA opposed the prayer and submitted that a perusal of the complaint filed by opposite party no.2, itself reveals that it is dated 7.3.2022. It is further submitted that the impugned summoning order has been passed on the basis of primary evidence available on record and there is no infirmity in the same.

Considering the facts and circumstances of the case and after going through the material available on record, the prayer made by the applicant, is refused.

However, it is provided that in case the applicant applies for bail within a period of 30 days from today, his application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

Present application is, accordingly, disposed of.

Order Date :- 15.5.2024

RKK/-