Appeal against dismissal of Section 482 Cr.P.C. application seeking quashing of FIR and cognizance order. The single judge dismissed it holding that an alternative remedy exists at the trial stage, making the petition un-maintainable for cutting short the procedure.
None; application under Section 482 Cr.P.C. dismissed as not maintainable.
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Court No. - 88 Case :- APPLICATION U/S 482 No. - 3140 of 2021 Applicant :- Ashif Iqbal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Vikram Yadav,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,
Hon'ble Mohd. Aslam,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been moved on behalf of applicant for quashing the charge-sheet dated 28.7.2019 and its cognizance order dated 17.3.2020 passed by learned Ist Additional Chief Judicial Magistrate, Firozabad as well as entire proceeding of Criminal Case No.4000 of 2020 (State Vs. Asif Iqbal), arising out of Case Crime No.182 of 2019, under Section 30 of Arms Act, Police Station Rasoolpur, District Firozabad.
As per prosecution case, 160 cartridges of rifle and 50 cartridges of the pistol were purchased by accused. During investigation 50 cartridges of rifle and 20 cartridges of pistol were shown by the applicant and regarding rest of the cartridges, the applicant has stated that he used the same in harsh firing and the empty cartridges were not available with him. The applicant produced 16 empty cartridges of 315 bore and 7 empty cartridges of 32 bore of pistol.
It is submitted by learned counsel for applicant that GO regarding deposit of the cartridge was issued on 8.10.2018 and he could not show the empty cartridges of 315 bore, which were purchased before 8.10.2018, therefore, no case is made out against him.
Learned A.G.A. has opposed the application and has stated that prima facie case is made out against the applicant.
I have gone through the file. The case is warrant trail. The provision of 482 Cr.P.C. cannot be adopted to cut short the procedure as he has alternative remedy to appear before the court below and make submission at the stage of discharge, therefore, in above circumstances, on the ground of availability of alternative remedy the application under Section 482 Cr.P.C. is not maintainable and is, accordingly, dismissed .
Order Date :- 6.4.2022/Anil K. Sharma
Digitally signed by ANIL KUMAR SHARMA Date: 2022.04.06 17:09:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to quash the charge-sheet and challenge cognizance is maintainable when an alternative remedy exists at the trial stage.
Whether Section 482 Cr.P.C. can be invoked to cut short criminal procedure when other remedies are available to the accused.
Ashif Iqbal
State of U.P.
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
