Chandra Prakash Dhar And 3 Ors. vs State Of U.P. And Another
2024 Latest Caselaw 19958 ALL

Allahabad High Court

Chandra Prakash Dhar And 3 Ors. vs State Of U.P. And Another on 30 May, 2024

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100736
 
Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 38828 of 2013
 

 
Applicant :- Chandra Prakash Dhar And 3 Ors.
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Kumar Ojha,Radha Kant Ojha
 
Counsel for Opposite Party :- Govt. Advocate,Arvind Kumar Gupta,Pradeep Tiwari
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri R.K.Ojha, learned senior counsel assisted by Sri Shivendu Ojha, learned counsel for applicant and Sri Pradeep Tiwari, along with Sri Arvind Kumar Gupta, learned counsel for opposite party no. 2 and learned AGA for the State.

2. Present application has been preferred with a prayer to quash/stay the proceeding of Case no. 721 of 2013, State Vs. Chandra Prakash pending in the Court of learned Addl. Chief Judicial Magistrate, VII, Allahabad and charge sheet no. 134/2013 dated 29.4.2013 submitted by the police of the concerned Police Station in Case Crime no. 462 of 2012, under Sections 420, 467, 468 and 427 IPC, Police Station Soraon, District Allahabad on which illegal cognizance was taken by the learned Addl. Chief Judicial Magistrate, VII, Allahabad on 13.6.2013.

3. The complex matter of fact has been raised while preferring the instant application, wherein, charge-sheet has been challenged in the rival application preferred on behalf of opposite party no. 2 under Section 483 of Cr.P.C i.e. application under Section 483 no.831 of 2024. The co-ordinate Bench of this Court has already directed to ensure the presence within three months and expedite the trial although there is no specific period has been mentioned while deciding the application preferred on behalf of opposite party no. 2 under Section 483 Cr.P.C vide judgment and order dated 15.05.2024 but once the charge-sheet has been taken into cognizance by learned Magistrate and thereafter the ensurance of presence of accused has already been directed to be ensured by co-ordinate Bench of this Court, there is hardly any provision or necessity to interfere in the matter in the instant application.

4. However, it is made clear that learned court of ACJM-VII/concerned Court, District Allahabad is hereby directed to proceed with the trial of Case no. 721 of 2013 arising out of Case Crime no. 462 of 2012. It is made clear that till the disposal of the trial no coercive action shall be initiated against the applicants.

5. The instant application u/s 482 stands disposed of accordingly.

Order Date :- 30.5.2024

Shaswat