Court No. - 82
Case :- APPLICATION U/S 482 No. - 15705 of 2021 Applicant :- Shivpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Habaldar Singh Katheria,Pramit Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicant. Nobody had appearing before the court on 27.08.2021 also.
2. Record is perused with the help of Sri Vinod Kant, learned AAG assisted by Sri Janardan Prakash, learned AGA for the State.
3. This application has been filed under Section 482 Cr.P.C. seeking quashing of the impugned chargesheet dated 17.10.2017 submitted against the applicant in a case originating from Case Crime No. 0083 of 2017 under Sections 498-A, 323, 376 and 511 IPC and 3/4 of Dowry Prohibition Act, so also all the proceedings of Criminal Case No. 7647 of 2020, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 17, Etah on the ground that there are general and omnibus allegations against the applicant and there is no credible evidence on record to prosecute the applicant. However, no reason has been mentioned in the application for approaching this court after delay of more than four years of filing of the chargesheet on 17.10.2017.
4. Ordersheets dated 25.11.2020, 21.12.2020 and 21.01.2021, reveals that applicant has been summoned, but no ground has been mentioned for seeking quashing of the summoning order or the chargesheet except that allegations are omnibus.
5. A perusal of the statement of the victim as recorded under Section 164 Cr.P.C. reveals that there are serious allegations against the applicant, who is 'Jeth' of the victim and in her statements under Section 164 Cr.P.C., she has categorically mentioned that Shivpal had tried to exceed his limits. Another ground which has been raised is that summoning order is on a printed proforma that too is not made out, inasmuch as, perusal of the impugned summoning order reveals that it has been passed after taking cognizance of the facts of the case and therefore, no indulgence is required for the present, however, applicant is free to apply for anticipatory/regular bail, as the case may be, on which, this court has not expressed any opinion. Therefore, application fails and is dismissed.
6. Later on, Sri Pramit Kumar Pal appears for the applicant.
Order Date :- 20.9.2021 Vikram/-