SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(All) 184

SURESH KUMAR GUPTA
Dhanrawati Devi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Narendra Deo Shukla, Pankaj Kumar Tiwari

JUDGMENT :

1. Vakalatnama filed today by Sri Rajesh Kumar Pandey Advocate on behalf of the informant, is taken on record.

2. This application has been filed by the applicants to quash the chargesheet dated 29.10.2019 being criminal case No. 119 of 2019 (State of U.P. Vs. Prashant Tiwari and others) under Sections 323, 504, 506, 354, 147 IPC, P.S. Sujanganj, District Jaunpur, arising out of case crime No. 115 of 2019 and also to quash the cognizance as well as summoning order dated 18.11.2019 passed by Judicial Magistrate-Ist, Jaunpur.

3. Heard learned counsel for the applicants, learned counsel for the informant and the learned AGA.

4. Learned counsel for the applicants submitted that the learned Judicial Magistrate passed the impugned cognizance as well as summoning order on 18.11.2019 without application of mind. Thus, the order dated 18.11.2019 is unreasoned, unspecific, illegal and arbitrary and, thus, not sustainable in the eye of law. Learned trial court passed the order in very mechanical manner and in a routine way without discussion of allegation contained in the FIR and statement under Section 161 Cr.P.C. of the prosecution witness. Hence, the cognizance order passed by the M

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top