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2025 DAILYLAW 114278 (ALL)

GIRIJA SHANKAR @ GIRIJA SHANKAR YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/130/2025 · 2025-01-09

Manoj Bajaj

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1689 Court No. - 18 Case :- APPLICATION U/S 482 No. - 130 of 2025 Applicant :- Girija Shankar @ Girija Shankar Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the charge sheet dated 28.12.2022 as well as cognizance/ summoning order dated 22.02.2023 passed by Judicial Magistrate, Pratapgarh in case crime no. 0254 of 2022, under Sections 323, 325, 504, 506, 308, 452, 427 and 34 I.P.C., Police Station- Maheshganj, District- Pratapgarh. Further, as an interim relief the accused applicant has prayed for stay of arrest. No one has appeared on behalf of the applicant- accused. A perusal of the case file shows that the complainant has lodged the above F.I.R. against the accused persons for alleged commission of offences against human body and the statements of injured and other relevant material has been collected during investigation. Further, the investigation is complete as the charge sheet was filed in December, 2022 and nothing has been placed on record to show that previously any application for bail was moved by the accused petitioners, therefore, the interim prayer for stay of attest cannot be entertained. Considering the nature of offences and the fact that the final report under Section 173(2) Cr.P.C. is yet to be considered by the trial court as the charges against the applicant has not been framed so far, therefore, keeping in view of the decision of Hon'ble Apex Court in the case of Dharmatma Singh vs. Harminder Singh & Ors. passed in Criminal Appeal No.1126 of 2011 (3) RCR Criminal 38, this Court is of the considered opinion that the grounds raised by the applicant herein can also be pressed before the Magistrate at an appropriate stage. Resultantly, without meaning any expression of opinion on the merits of this case, no case is made out for interference by way of exercise of inherent powers under Section 482 Cr.P.C. However, it shall be open for the applicant to raise all the grounds pleaded in this application, before the Magistrate at the stage of consideration of final report. The application fails and is hereby, dismissed. Order Date :- 9.1.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench