VIJAY SAHU @ VIJAY KUMAR GUPTA v. State of U.P. AND ANOTHER
A482/30944/2024 · 2025-01-10
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94534 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:5889 Court No. - 76 Case :- APPLICATION U/S 482 No. - 30944 of 2024 Applicant :- Vijay Sahu @ Vijay Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceeding as well as charge sheet6 dated 24.12.2019 as well as cognizance order dated 21.01.2022 passed by Chief Judicial Magistrate, Mirzapur, in Case No. 129 of 2022 (State Vs. Vijay Kumar Jaiswal and others), arising out of Case Crime No. 2043 of 2014, under Sections 147, 148, 307, 353, 332, 333, 336, 504, 506 IPC and Section 7 of the Criminal Law Amendment Act, Police Station Kotwali Katara, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur.
3. It has been argued by the learned counsel for applicant that neither the applicant involved in the aforesaid incident nor has any relation with any of the co-accused involved in this case but in collusion with the informant the applicant has been implicated in the present case.
4. Per contra learned A.G.A has opposed.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicant appears and move appropriate
application before the trial Court for setting aside the impugned
order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant.
6. The application is disposed of accordingly.
Order Date :- 10.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad