Court No. - 83
Case :- APPLICATION U/S 482 No. - 10332 of 2021 Applicant :- Raju Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ramesh Kumar Chaurasia, learned counsel for applicant and learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging charge-sheet No. 155 of 2020 dated 15.5.2020 submitted in Case Crime No. 23 of 2020, under sections 308, 323, 506 IPC, Police Station- Kotwali, District Ballia, as well as entire proceedings of Consequential Case No. 805 of 2021 (State Vs. Raju Gupta) arising out of above mentioned case crime number and now pending in the Court of Chief Judicial Magistrate, Ballia.
At the very outset, learned A.G.A. has raised preliminary objection by submitting that applicant has not yet been summoned by Court below. It is further submitted that offence under section 308 IPC is cognizable by Court of Sessions. Case has not yet been committed to Court of Session. Placing reliance upon judgement of this Court in in Criminal Misc. Application No. 14785 of 2015 (Simplex Infrastructures and 4 others Vs. State of U.P. and another) decided on 27.11.2018, reported in Laws (All) 2018 (11) 70, it is urged that since applicant has not yet been summoned by Court below nor any proceedings are pending before trial Court, therefore, present application under section 482 Cr.P.C. filed by applicant is not maintainable.
When confronted with above, learned counsel for applicant could not over come the same.
In view of above, application fails and is liable to be dismissed. It is accordingly dismissed.
Order Date :- 27.9.2021 Arshad