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Neutral Citation No. - 2025:AHC:22099 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3358 of 2025 Applicant :- Anuj Panchal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rahul Kushwaha, learned counsel for the applicant and Sri Muniraj Mehrotra, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the against the Charge Sheet dated 13.11.2019 and cognizance order passed 22.11.2019 dated by Member Juvenile Justice Board Jalaun at Orai as well as entire proceeding of Case No. 25 of 2019 (State of U.P. Vs. Anuj Panchal) arising out of Case Crime No. 1379 of 2019, under Section 306 I.P.C., Police Station Kotwali Orai, District Jalaun pending in the court of Juvenile Justice Board Jalaun at Orai. 3. Learned counsel for the applicant submits that an FIR under Sections 306, 504, 386, 147 IPC stood lodged against as many as four named accused and four unnamed with an allegation that offences under the aforesaid sections had been commissioned pursuant whereto the son of the first informant committed suicide. He further submits that the applicant has not been named in the first information report and only on the basis of CDR details, he has been implicated. He further submits there is nothing on record to even otherwise suggest that the said telephonic conversation which stood recorded in CDR were just soon before the said incident. 4. Learned AGA on the other hand submits that the issues that though the name of the applicant does not find place and marked as an accused in the first information report, however, perusal of the statement under Section 161 of the Cr.P.C., the name of the applicant finds place at the page no.31 whereby he was calling the deceased and demanding money for the past 9 to 10 days and further as per statement at page 52 of the first informant the name of the applicant also finds place with regard to the demand so
sought to be ransom for the past 9 to 10 days. 5. Having heard the learned counsel for the parties and I am of the opinion that offences are made out.
So far as the reliance and the reference so placed upon by the applicant upon the order interim protection accorded to interim order dated 2.2.2021 in Applications Under Section 482 Nos.2481 of 2021 and 533 of 2021 are concerned, the same would not come to the aid and assistance of the applicant particularly wherein the name of the applicant finds place in the call details and also in the statement under Sections 161 and 164 of the Cr.P.C., accordingly, this Court declines to interfere in the present proceedings. 6. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. 7. At this stage, learned counsel for the applicant submits that the applicant shall move discharge application to which learned AGA submits that in case a discharge application is being preferred with the same shall be decided strictly in accordance with law. 8. In the opinion of the Court, this Court has no reason to disbelieve that in case the discharge application if maintainable is being preferred then the same shall be decided with most expedition strictly in accordance with law as per the law of the land taking into account the facts and law on the subject. Order Date :- 17.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad