VIRENDRA KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/4076/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140072 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140072 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28903 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4076 of 2025 Applicant :- Virendra Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Lalla Ji Maurya,Shiv Kumar Maurya,Vivek Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and learned AGA for the State. The instant application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the chargesheet No. 01 of 2022 (A-193/18), dated 03.08.2018, Case No. 4635 of 2018 (State of U.P. Vs. Virendra and Others), arising out of FIR No. 202 of 2018, under Sections 342, 323, 504, 506 IPC, Police Station Reusa, District Sitapur, pending in the court of ACJM-IInd, Sitapur and summoning order dated 04.12.2018 passed by learned Judicial Magistrate, Sitapur and the entire proceedings in pursuance thereof. It is contended by learned counsel for the applicant that the order impugned, whereby the present applicant has been summoned, is on a proforma, which is against the settled proposition of law. In support of his contention, learned counsel for the applicant has placed reliance on the judgment and order rendered in the case of Ankit Vs. State of U.P. and Another, reported in 2009 AHC 35736, and submits that the case of the present applicant is squarely covered with the ratio of judgment aforesaid. Thus, submission is that proforma order dated 04.12.2018 may be set aside. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid but he could not dispute the settled legal position. Considering the submissions of learned counsel for the parties and particularly the ratio in the case of Ankit (supra), the order dated 04.12.2018 is hereby set aside. The matter is remitted back to the trial court concerned to pass fresh order within a period of 45 days from the date a certified copy of the order is produced before it. The application u/s 482 Cr.P.C. is hereby allowed. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 15.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench