Ajay Kumar Sharma Alias Ajay Sharma vs State Of U.P. And Another
2025 Latest Caselaw 8434 ALL

Allahabad High Court

Ajay Kumar Sharma Alias Ajay Sharma vs State Of U.P. And Another on 26 August, 2025

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:148276
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
APPLICATION U/S 482 No. - 1546 of 2025
 
Court No. - 72
 
HON'BLE DEEPAK VERMA, J.

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

2. The present 482 Cr.P.C. application has been filed to quash the Charge sheet dated 24.05.2021 as well as summoning order dated 27.09.2021 and the entire criminal proceeding of Criminal Case No. 9114 of 2020 (State Vs. Vijay Yadav), arising out of Case Crime No. 11 of 2020, under section 406, 420, 506 IPC, P.S. Mugalsarai, District-Chandauli, lodged by the opposite party no.2 against the applicant and another co-accused person, pending before the Court of Chief Judicial Magistrate, Chandauli.

3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248.

4. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O., prima facie, offence is made out against the applicant.

5. Considering the argument raised by counsel for the applicant and perused the record. Since the trial court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously.

6. In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law.

7. Till then no coercive action shall be taken against the applicant in the aforesaid case.

August 26, 2025

Aditya