NEETRAPAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 2 OTHERS
A482/9420/2025 · 2025-12-01
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[ 2025 DAILYLAW 183861 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183861 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9420 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the setting aside the order dated 16.09.2024 passed by Chief Judicial Magistrate, Hardoi in Case No.1160 of 2024 (Neetrapal Singh vs. State) and also order dated 08.09.2025 passed by Additional Sessions Judge, Court No.3, Hardoi in Criminal Revision No.239 of 2024 (Neetrapal Singh s. State and others). 3. Learned counsel for the applicant submitted that father of the applicant was killed by the accused Anmol by hitting with his vehicle thrice. A written complaint was filed and as a result whereof, FIR No.62 of 2024 was lodged on 14.03.2024 under Section 279, 304-A IPC, Police Station Arval, District Hardoi. Ignoring the contents of the FIR and thereafter categorical statement was given by the applicant under Section 161 Cr.P.C. that accused killed his father but the charge-sheet was submitted by the Investigating Officer for the offence under Sections 304-A and 279 IPC and thereafter application was filed before the court below with the request for further investigation but the same was rejected. Later on, revision was also filed which was also rejected therefore, kind indulgence of this Court is necessary. 4. Learned AGA vehemently opposed the prayer of applicant and submitted that charge sheet has been filed by the Investigating Officer for the offence under Sections 279 and 304-A IPC and in case, evidence is found during the Versus Counsel for Applicant(s) : Dinesh Pratap Singh, S.C. Misra Counsel for Opposite Party(s) : G.A. Neetrapal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others .....Opposite Party(s)
course of trial, then charge can be altered therefore, no interference is required. 5.
Considering the submissions of learned counsel for the parties, going through the contents of the petition, as well as other relevant material including the contents of the FIR, as in the FIR, specific averment has been made by the applicant that father of the applicant was killed by hitting the vehicle thrice, therefore, application/petition is allowed with the direction to the Superintendent of Police concerned to assign further investigation to any responsible Officer and conduct further investigation in the matter and submit a supplementary report to the court concerned within a period of three months. 6. The order dated 16.09.2024 passed by Chief Judicial Magistrate, Hardoi in Case No.1160 of 2024 (Neetrapal Singh vs. State) and also order dated 08.09.2025 passed by Additional Sessions Judge, Court No.3, Hardoi in Criminal Revision No.239 of 2024 (Neetrapal Singh s. State and others) are hereby, set aside. December 1, 2025 Pks A482 No. 9420 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench