RINKOO PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER
/137/2025 · 2025-01-09
Manoj Bajaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115399 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115399 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1699 Court No. - 18 Case :- APPLICATION U/S 482 No. - 137 of 2025 Applicant :- Rinkoo Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Sanjay Kumar Singh,Shakshi Verma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Accused has filed this application under Section 482 Code of Criminal Procedure for quashing of the Charge Sheet No. 01 of 2024 dated 24.05.2024 as well as the cognizance order dated 23.08.2024 passed by the Chief Judicial Magistrate, Gonda and the entire proceedings of C.I.S. No. 27991 of 2024; titled State vs. Rinkoo Pandey, arising out of Case Crime No. 0010 of 2024, under Sections 420, 465, 469, 467, 468 and 471 IPC, Police Station Kotwali Nagar, District Gonda.
Learned counsel for the applicant has referred to the afÏdavit dated 7th August, 2023 and urged that the said afÏdavit is alleged to be forged, which is sworn by the applicant and while investigating the matter, the investigating ofÏcer has not carefully examined the facts and circumstances of the case, as the alleged offence is not made out against the applicant. Learned counsel submits that the impugned charge sheet filed against the applicant is nothing, but an abuse of process of the law and interference is warranted by this Court. During the course of hearing, it is not disputed by the learned counsel that the final report has not yet been considered by the trial court, as the charges against the accused have not been framed. After hearing the learned counsel, this Court finds that concededly 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 have 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 trial court 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. The application is dismissed. However, it shall be open for the applicant to raise all the grounds pleaded in this application, before the trial court at the stage of consideration of final report.
Order Date :- 9.1.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench