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2025 DAILYLAW 87514 (ALL)

KARAMAVIR v. STATE OF U.P. AND ANOTHER

A482/38534/2024 · 2025-01-15

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7205 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38534 of 2024 Applicant :- Karamavir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajay Sengar, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Karamavir who is a charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to- A. Quash and set aside the Impugned Order dated 16.05.2024 passed by the Learned Chief Judicial Magistrate, Jalaun at Orai in Case No. 4240 of 2024 (State of Uttar Pradesh) arising out of the Case Crime No. 0024 of 2024, u/Ss.354-D,376,342,506 Indian Penal Code, 1860 Police Station Nadigoan, District Jalaun and quash its entire proceedings. B. Stay the further proceedings of the Case No. 4240 of 2024 (State of Uttar Pradesh) arising out of the Case Crime No. 0024 of 2024, u/Ss.354-D,376,342,506 Indian Penal Code, 1860 Police Station Nadigoan, District Jalaun, pending before the Learned Chief Judicial Magistrate, Jalaun at Orai, During the pendency of the present Criminal Misc Application, Otherwise the Application will suffer loss and injury." 4. At the very outset, the learned counsel for applicant submits that due to inadvertence the charge sheet/Police report dated 14.04.2024 submitted by the Investigating Officer in terms of Section 173(2) Cr.P.C. could not be impugned in the present application. Therefore, the necessary foundation for challenging the aforesaid charge sheet/police report could not be made in the affidavit filed in support of present application. He therefore contends that present application be dismissed as withdrawn with liberty to file fresh with the better particulars, details and proper relief. 5. Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A. 6. In view of above, this application is, accordingly, dismissed as withdrawn with liberty to file fresh. 7. Certified copies of documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 15.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad