Held that an application to quash proceedings was rejected as evidence limited to case diary cannot be evaluated, but applicant was granted opportunity to seek discharge via reasoned order within 30 days.
Refused quashing of proceedings; directed a reasoned order on discharge application within 30 days.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 43151 of 2018
Applicant :- Hausila Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No. 1952 of 2014 (State vs. Hausila Singh) arising out of Case Crime No. 469/2013 under Sections 60/63 of Excise Act, Police Station- Rohaniya, District- Varanasi as well as the charge sheet no. 309/2013 dated 05.11.2013 and cognizance order dated 30.10.2014 passed by Special Chief Judicial Magistrate, Varanasi.
Learned counsel for the applicant contended that applicant was not apprehended by the police on the spot and he has been made accused only on the basis of confessional statement of coaccused before the police, which is not admissible in evidence. No other evidence is available against the applicant.
In exercise of extraordinary jurisdiction under Section 482 Cr.P.C., evidence and material available on the case diary cannot be evaluated.
In view of the above, the prayer for quashing the entire proceedings of impugned charge sheet and the impugned cognizance order in the aforesaid case is refused.
However, if applicant applies for discharge at appropriate stage, his discharge application shall be decided by reasoned and speaking order within 30 days from the date of presentation of discharge application by him.
With the aforesaid observations, the application u/s 482 Cr.P.C. stands disposed of.
Order Date :- 4.12.2018
VG..
1 issue framed by the court
Whether the proceedings under the Excise Act should be quashed on the ground of lack of apprehended by police on the spot and reliance on inadmissible confessional statement.
1 provisions across 1 enactments
Hausila Singh
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
