Court No. - 55
Case :- APPLICATION U/S 482 No. - 3550 of 2019 Applicant :- Shafi Abbas Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sufia Saba,Firoz Haider Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Ms. Sufia Saba, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 has been filed accused challenging the charge-sheet no. 49 of 2018 dated 24.03.2018 in Case No. 9211 of 2018 (State Vs. Shafi Abbas) arising out of Case Cdrime No. 07 of 2018 under Sections 279, 304A I.P.C., Police Station-Naugawan Sadat, District Jyotiba Phule Nagar.
There is no challenge to the summoning order passed by the court below summoning the present applicant subsequent to the cognizance having been taken upon submission of the aforesaid charge-sheet. This Court in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70, has already held that a criminal misc. application under Section 482 Cr.P.C. filed at the behest of the accused is not maintainable until he is summoned by the court below.
In view of the aforesaid, the present application is not maintainable. It is accordingly dismissed. However, liberty is granted to the applicant to file a fresh criminal misc. application challenging the summoning order as well as such proceedings by which the applicant feels aggrieved.
Certified copy of the impugned order be returned to the learned counsel for the applicant after retaining a photostat copy of the same to be kept on record.
Order Date :- 22.2.2019 YK