Vishal Gupta v. State of U.P & Anr.

Heard Mr. Nagendra Kumar Tripathi, the learned counsel for applicant and the A.G.A. for State/opposite party-1. Perused the record. Applicant- Vishal Gupta 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 allow the present application and quash the impugned charge sheet dated 27.09.2023 as well as entire proceeding of Case Crime No. 620 of 2023, under Sections 366, 376 I.P.C., Police Station Hata, District Kushinagar, pending in the Court of District and Session Judge, Kushiangar at Padrauna. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of Case Crime No. 620 of 2023, under Sections 366, 376 I.P.C., Police Station Hata, District Kushinagar, pending in the Court of District and Session Judge, Kushiangar at Padrauna, during pendency of present application under Section 528 of B.N.S.S. before this Hon'ble Court.

And or pass any order or direction which is deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer an irreparable loss and injury. " At the very outset, the learned A.G.A. has raised preliminary objection by submitting that applicant has not yet been summoned by Court below. The said submission is raised by the learned A.G.A. on the ground that neither the summoning order has been appended along with the present application nor a prayer has been made for quashing of the same. Referring to the Full Bench judgement of this Court in Father Thomas Vs. State of U.P. and Others, 2010 SCC Online All 2438, learned A.G.A. submits that an accused has no right to be heard till he has been summoned. He, therefore submits that in view of aforementioned facts present application is misconceived and is liable to be dismissed. When confronted with above, the learned counsel for applicant submits that present application be dismissed as withdrawn with liberty to file a fresh with better particulars and details.

Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. In view of above, application is accordingly dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 4.3.2025 Arshad ARSHAD MAHMOOD High Court of Judicature at Allahabad