PRADEEP KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/11804/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170326 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170326 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:240 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11804 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Shiv Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:-
"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the chargesheet dated 03.02.2023 in respect of case crime no. 320 of 2020, under section 384 I.P.C. and section 7/13 of Prevention and Corruption Act, police station Sursa, District Hardoi as well as cognizance and summoning order dated 25.11.2023 pending in the court of Special Judge, P.C. Act 09, district Lucknow. The petitioner further craves indulgence of the Hon'ble Court may be pleased to quash the entire criminal proceedings of criminal case no. 3555 of 2023 arising out of case crime no. 320 of 2020, under section 384 I.P.C. and section 7/13 of Prevention and Corruption Act, police station Sursa, District Hardoi pending in the court of Special Judge, P.C. Act 09, district Lucknow. Furthermore the petitioner prays that this Hon'ble Court may be kind enough to stay the proceedings of criminal case no. 3555 of 2023 arising out of case crime no. 320 of 2020, under section 384 I.P.C. and section 7/13 of Prevention and Corruption Act, police station Sursa, District Hardoi pending in the court of Special Judge, P.C. Act 09, district Lucknow, until final disposal of the present petition, in the interest of justice." After taking note of the allegations levelled in the FIR, lodged on 28.09.2020 by the opposite party no.2 registered as Case Crime No. 0320/2020 under Section 384 IPC and 7/13 Prevention and Corruption Act, at Police Station Sursa District Hardoi, according to which on 27.09.2020 the accused/applicant demanded 5,000/- rupees from the opposite party no.2 and the amount so demanded was provided to the accused/applicant as also the typed copy of Parcha dated 31.12.2020 annexed at page no. 35 of the paper book which relates to video clip provided by the opposite party no. 2 to the Police Officer concerned and the statement of Santosh Kumar Chaurasia recorded on 31.12.2020, copy of which is annexed at page no.
36, this Court is of the view that prima-facie case against the applicant is made out. Accordingly, taking note of the aforesaid as also the observations made by the Hon'ble Apex Court in the case of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, the present application being devoid of merits, it is dismissed accordingly. Order Date :- 3.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench