Single judge dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet and summoning order, holding that a cognizable offence was made out and the application was devoid of merit.
Application under Section 482 Cr.P.C. dismissed; bail application to be treated by lower court.
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. - 84
Case :- APPLICATION U/S 482 No. - 1794 of 2022
Applicant :- Aslam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niraj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.10.2020 and cognizance/summoning order dated 16.03.2021 as well as entire proceedings of of Special Session Trial No. 383 of 2021 (State Vs. Aslam and others), arising out of Case Crime No. 258 of 2019, under Section 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act, Police Station - Kotwali Shahar, DistrictBijnor, pending in the court of Additional District and Sessions Judge, Court No. 5, Bijnor.
The learned counsel for the applicants submits that the applicants have been wrongly chargesheeted by the Investigating Officer and therefore the cognizance taken by the Court below of the offence against the applicants is also illegal, whimsical and arbitrary without there being any cogent evidence against them and as such the entire criminal proceedings going on against the applicants are liable to be set aside by this Hon'ble Court.
On the other hand, the learned AGA submits that the police has submitted that the charge sheet was submitted by the police against the applicants after complete and thorough investigation of the matter and, prima facie, a cognizable offence is made out against the applicants. It is also submitted that no abuse of process of law has been committed by the Trial Court in cognizance on the charge sheet submitted against the applicants. The application under Section 482 Cr.P.C. is not maintainable and is liable to be quashed by this Hon'ble Court.
From the perusal of the record, at this stage of the matter, it cannot be said that no cognizable offence is made out against the applicants. In application under Section 482 Cr.P.C. no case is made out for quashing the impugned charge sheet and summoning order in the aforesaid criminal case.
The application is devoid of merit and is dismissed.
In case the applicant appears before the Court below and files a bail application, his bail application shall be decided by the concerned Court below in view of the law laid down by the Apex Court in the case of Satendra Kumar Antil vs. CBI and another : Special Leave to Appeal (Criminal) No. 5191 of 2021.
Order Date :- 21.2.2022 LBY
Digitally signed by LAL BAHADUR YADAV Date: 2022.02.22 21:42:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet and cognizance/summoning order recorded in the Special Session Trial No. 383 of 2021 should be quashed as per Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. CBI and anotherReferred¶11
Satendra Kumar Antil vs. CBI and another : Special Leave to Appeal (Criminal) No. 5191 of 2021
Aslam And 2 Others
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
