The court held that an application under Section 482 CrPC for quashing of charge sheet is frivolous and not maintainable where the applicant is not included as an accused.
The prayer for quashing the entire proceeding of the aforesaid case was refused and the application stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- APPLICATION U/S 482 No. - 11082 of 2007
Applicant :- Zillay Illahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Arif Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet no. 35 of 2005 dated 03.03.2005 submitted on 09.05.2005 in Case No.4158 of 2005, under Sections 420, 467, 468,471, 120-B I.P.C., Police Station- Qutub Sher, District- Saharanpur, pending before Judicial Magistrate 1st, Saharanpur.
After hearing arguments and perusal of the record, it appears that in the present case, six persons have been involved and out of which only accused no.3 Saklendra has been charge sheeted and applicant is not charge sheeted.
In view of the above, the present application under Section 482 against the applicant is frivolous and is not maintainable.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
The application stands dismissed.
The interim order, if any, is vacated.
Order Date :- 20.7.2021 Krishna*
1 issue framed by the court
Whether an application under Section 482 CrPC is maintainable when the applicant is not included in the chargesheet filed against other accused persons.
1 provisions across 1 enactments
Zillay Illahi
State of U.P.
Gautam Chowdhary J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
