Gaurav Kumar vs State Of U.P. And Another
2025 Latest Caselaw 6870 ALL

Allahabad High Court

Gaurav Kumar vs State Of U.P. And Another on 21 August, 2025

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:143374
 
Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 1820 of 2025
 

 
Applicant :- Gaurav Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ehtesham Khan,Shivam Kumar Panday
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.
 

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of the criminal case and the Charge sheet dated 12.02.2023, cognizance dated on 17.07.2023 and as well as N.B.W. order dated 21/10/2024, in Criminal Case No. 2476 of 2023 (State Vs. Gaurav Kumar) arising out of Case Crime No.0412 of 2022, under sections 420, 406, 504 & 506 of I.P.C., Police Station-Dewraniya, District-Bareilly, pending in the court of Judicial Magistrate, Baheri, District-Bareilly.

3. Instant petition has been filed for cognizance and summoning by learned Magistrate U/s 420, 406, 504, 506 I.P.C., which are illegal and arbitrary and without application of judicial mind. Cognizance/summoning by Judicial Magistrate is contravention of judgment passed by Hon'ble The Apex Court in the case of Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr. He pointed out in para 30 of the judgement passed by Hon'ble The Apex Court, it is evident that in such a situation, both the offences cannot co-exist simultaneously.

4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage.

5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused.

6. However, if applicant moves discharge application before the concerned court below within two weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of four weeks from the date of filing of discharge application.

7. Till disposal of discharge application, no coercive action shall be taken against the applicant in the aforesaid case.

8. With the above directions, this 482 application is disposed of.

Order Date :- 21.8.2025

Nitin Verma