Dismissing an application under Section 482 CrPC as an abuse of process of law, the court held that challenging a charge-sheet after lengthy trial proceedings is a delay tactic.
Application dismissed; costs of Rs.10,000 imposed on each applicant.
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. - 4527 of 2022
Applicant :- Vinod And 2 Others Opposite Party :- State Of U.P. Through Principal Secretary Home Gov Up And Another Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Facts of present case are glaring example of abuse of process of law. The applicant has challenged a charge-sheet dated 11.4.2009 in case crime no. 212 of 2008, under Sections 366, 376, 392, 343 IPC, Police Station Linepar, District Firozabad wherein the applicant is facing trial in S.S.T. No. 152 of 2009 after more than 13 years. The affidavit sworn by the applicant no. 1 is silent about the proceeding undertaken between 2009 and till date. This application is a step to delay the proceedings. It is informed that charges have already been framed and the trial is proceeded and statements of number of prosecution witnesses have already been recorded. Therefore, at this stage, to challenge the charge-sheet is nothing but an abuse of process of law.
Accordingly, this application is dismissed with a cost of Rs.10,000/- on each of the applicants which shall be paid within 14 days. In case the applicants failed to pay the cost, the trial court shall take all measures as required to recover the amount in accordance with law.
Order Date :- 15.11.2022 Puspendra
Digitally signed by PUSPENDRA NARAYAN SINGH Date: 2022.11.16 10:04:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present application challenging the charge-sheet is an abuse of process of law.
Vinod and 2 Others
State Of U.P. Through Principal Secretary Home Gov Up
Another
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
