Allowed

Upendra Singh v. State of U.P. and Another

Allahabad HC30 Jan 2023A482/18369/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court quashed criminal proceedings regarding alleged diversion of molasses. The court held that since there was no government loss and no evidence of black market diversion after 25 years, continuing the proceedings constituted an abuse of the process of the Court.

What did the court decide?

The charge sheet, summoning order, and further proceedings in S.T. No. 448 of 2021 were quashed.

Upendra Singh Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

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Court No. - 87 Case :- APPLICATION U/S 482 No. - 18369 of 2021 Applicant :- Upendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiyaj Ali,Murtuza Ali Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Murtuza Ali, learned counsel for the applicant and the learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijay Kumar Patel & Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi.

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The petitioner had a Unit for manufacturing of tobacco in the name of M/s Phaphamau Tobacco Industries. The said concern is registered with the District Udyog Kendra, Allahabad. In the year 1996-97, the Unit of the petitioner was allotted 7550 Quintal of Molasses. Out of this quantity, the petitioner could lift 1278.90 Quintals of Molasses and manufactured tobacco. Thereafter, he was not allotted Molasses, therefore, the said Unit, M/s Phaphamau Tobacco Industries was closed down.

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The government instituted an inquiry in respect of diversion and misappropriation of Molasses allotted to the different manufacturing units in districts of Bulandshahr and Allahabad. The inquiry was conducted by one Sri R.P.S. Yadav, the

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Superintendent of Police in Business Department. He submitted a detailed inquiry report dated 11.02.2001. In respect of the concern of the petitioner i.e. M/s. Phaphamau Tobacco Industries, Phaphamau, Allahabad, it was said that in that place of that unit in the name of Choice Food was found. Neither any Plant or Machinery in respect of manufacturing of tobacco was found nor the petitioner could provide any documentary proof in respect of use of molasses given to him in the year 1996-97.

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However, it was concluded that there was no government loss. The offence is allegedly committed in the year 1997-98. The inquiry which was constituted by the government for investigating the loss. The inquiry report would not point out any loss suffered by government. After twenty five years from the date of alleged offence when the government has not suffered any loss and there is no evidence found regarding diverting the molasses into black market by the petitioner, the continuation of proceedings would be an abuse of process of the Court.

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Therefore, the present application is allowed . The proceedings in respect of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijay Kumar Patel & Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi, are hereby quashed .

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Order Date :- 30.1.2023 Arun K. Singh

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Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad

Upendra Singh v. State of U.P. and Another

Case brief

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Upendra Singh v. State of U.P. and Another

Case brief

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