Disposed

Ankur Tiwari v. State of U.P. and Another

Allahabad HC6 Jul 2023A482/23818/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application under the NDPS Act, the High Court refused to quash the charge sheet and proceedings. It held that no offence was clearly made out at this stage but held facts were disputed. The applicant was directed to file a discharge application before the Trial Court.

What did the court decide?

Prayer for quashing proceedings refused; applicant directed to file discharge application within thirty days.

Ankur Tiwari Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:133743

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 23818 of 2023

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Applicant :- Ankur Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanju Lata Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J .

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Heard learned counsel for applicant and the learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings as well as impugned charge sheet no. 174 of 2022 dated 18.10.2022 alongwith cognizance/summoning order dated 10.04.2023 in Sessions Case No. 186 of 2023 (State Vs. Ankur Tiwari) arising out of Case Crime No. 0065 of 2022, under section 8/20 of N.D.P.S. Act, Police Station-Banpur, District Lalitpur pending in the Court of Additional Sessions Judge (DAA) Lalitpur.

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At the very outset, learned counsel for applicant submits that as per material on record, no offence under the charging sections is made out against applicant. As such impugned charge-sheet as well as entire proceedings of aforesaid case are liable to be quashed by this Court.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.

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From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs.

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Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

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The prayer for quashing the proceedings of case as well as charge sheet is refused.

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At this stage, learned counsel for the applicant submit that applicant may be permitted to move discharge application before the court concerned.

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Keeping in view the facts and circumstances of the case, it is directed that the applicant will move a proper application for discharge within thirty days from today and they are free to take all the submissions in the said discharge application before the Trial Court which shall be considered and disposed of by the Trial Court in accordance with law within a period of two months.

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Accordingly, the present application is disposed of .

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O rder Date :- 6.7.2023 Vibha

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

Ankur Tiwari v. State of U.P. and Another

Case brief

What is this about?

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Ankur Tiwari v. State of U.P. and Another

Case brief

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