Quashed

Triveni Prasad @ Triveni Gupta v. State of U.P. and Another

Allahabad HC13 May 2019A482/10684/2019

Case brief

AI extract

What is this about?

The High Court disposed of a quashing application. The Court held that the applicant could not verify the total amount collected from relatives and that the court below must conduct an inquiry by accepting a claim regarding money received before determining the appropriate relief.

What did the court decide?

The impugned order dated 15.10.2018 was kept in abeyance pending a specific claim and inquiry by the lower court regarding the money received.

Triveni Prasad @ Triveni Gupta Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 10684 of 2019

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Applicant :- Triveni Prasad @ Triveni Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Daksha Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Supplementary affidavit, filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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By way of the instant application, the applicant has prayed for a direction to quash the order dated 15.10.2018 passed by the learned Additional Session Judge-XV, Varanasi in Misc. Application No. 154 of 2018( arising out of case crime no. 602 of 2016 State Versus Zakir Husain and others under section 34 I.P.C. and section 8/20 N.D.P.S.Act P.S. Chaubepur district Varanasi.

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The matter brought before this court upto this stage shows that some money more than 8 lakhs was collected amongst from the relatives including the husband. Now, he is not in a position to count real amount. The scrutiny by way of calculation in regard to the money taken from different persons cannot be done by this court. The various counts atleast can be done by the court below. This exercise cannot be done in exercise of the power under section 482 Cr.P.C.

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The applicant has not yet filed an application before the court below claiming that the applicant has received

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money from his relative and a through inquiry can be made by the court below. After inquiry proper order may be passed. The order impugned shall be kept in abeyance till the disposal of such claim of the applicant after due inquiry by the court below. In case, court below comes to a conclusion, a specific finding in this regard shall also be recorded. The court below shall also inculcate the order impugned rejecting the claim of the applicant and appropriate consequential order shall be passed.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 13.5.2019 N.A.

Triveni Prasad @ Triveni Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Triveni Prasad @ Triveni Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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