In a Section 482 Cr.P.C. application seeking to quash proceedings arising out of an SC/ST Act offence, the applicant's counsel conceded that necessary ingredients for invoking inherent jurisdiction were not made out, declining the quashing prayer.
Application to quash criminal proceedings dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 5203 of 2021
Applicant :- Guddu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Hitesh Pachori, learned counsel for the applicants and Ms. Rachna Tiwari, learned AGA for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire criminal proceedings alongwith the charge-sheet dated 05.05.2019 and the cognizance order dated 14.08.2019, in S.T. No.1789 of 2019 (State of U.P. vs. Guddu and Others), arising out of Case Crime No.113/2019, under Section 323, 324, 504, 506 IPC and 3[1] (r) (s) S.C/S.T. Act, Police Station-Narkhi, Firozabad pending in the Court of Special Judge [SC/ST Act], Firozabad.
Counsel for the applicants, at the outset fairly states that necessary ingredients for invocation of the jurisdiction under Section 482 Cr.P.C. are not made out in the facts of the case and accordingly he does not wish to press the relief, as prayed for in the present application.
Learned counsel states that the applicant would submit to the jurisdiction of the court below and apply for bail.
Having regard to the aforestated facts, this Court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C.
The application stands dismissed.
Order Date :- 28.7.2021 Nitendra
(Dr. Y.K. Srivastava, J.)
1 issue framed by the court
Whether the Court should exercise inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings on the facts of the case.
6 provisions across 3 enactments
Guddu And Another
Yogendra Kumar Srivastava
As recorded by the court registry
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