Anil Kumar Gupta vs State of U.P. - 2025 Supreme(All) 2656

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2656

IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajeev Misra,J.
Anil Kumar Gupta – Appellant
Versus
State of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Aushim Luthra, Mayank Chandra,Surya Pratap Singh
For the Appellant : Abbas Khan, Sanjay Yadav, G.A.

JUDGMENT :

Rajeev Misra, J.

1. Hear Mr. Surya Pratap Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Sanjay Yadav, the learned counsel representing first informant/opposite party-2.

2. This application under section 482 Cr.P.C. has been filed by charge sheeted accused Anil Kumar Gupta with the following prayer:

It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application under Section 482 Cr.P.C. and quash the impugned charge sheet dated 23.11.2022 as well as impugned order dated 05.10.2024 as well as entire proceedings registered in its pursuance as Session Trail No. 04 of 2023 (State of U.P Vs. Anil Kumar Gupta) Kushinagar, under Sections 376, 323, 504, 506 IPC, Police Station- Pataherwa, District- Kushinagar pending before the court of Additional Sessions Judge, FTC-2, Kushinagar at Padrauna including order of cognizance and summoning dated 12.12.2022 as well as the order framing charges dated 05.10.2024 passed by Court below in aforesaid proceedings.

It is further prayed that this Hon'ble court may be pleased to stay the effect and operation the impugned charge sheet dated 23.11.2022 as well as