Dismissed

Sachin Kumar v. State of U.P. and Another

Allahabad HC23 Jan 2023A482/39176/2022

Case brief

AI extract

What is this about?

The Court considered an application under Section 482 Cr.P.C. to quash a summoning order in proceedings under Sections 24/33 and 44 of the Legal Metrology Act, 2009. Ruling that factual disputes existed and no good ground was made out, the Court disposed of the application.

What did the court decide?

The application was disposed of; pleas remain open to be raised before the learned court below at the appropriate stage.

Sachin Kumar Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 39176 of 2022 Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 2.8.2022 arising out of proceedings of Complaint Case No. 4641 of 2022 (State Vs. Sachin Kumar), under Sections 24/33 and 44 of the Legal Metrology Act, 2009, Police Station Atrauli, District Aligarh, pending before Additional Chief Judicial Magistrate, 1st-Aligarh.

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Submission of the learned counsel for the applicant is, applicant is not at fault; only false allegation have been made; real occurrence was caused by Manoj Kumar Yadav, the owner of the land on which the applicant has set up a petrol pump. Reference has also been made to certain earlier complaint and an FIR lodged with respect to a real incident that took place. Last, it has been submitted that offence alleged are such as may fall within the Category of A in Satender Kumar Antil Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773.

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On the other hand, learned AGA would submit, the FIR above referred by the learned counsel for the applicant was lodged later on 28.5.2022 whereas the incident took place on 8.5.2022. It appears that the instant FIR has been lodged by the State agency. Prima facie, material has been found.

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Having heard the learned counsel for the parties and having considered the submissions advanced, as much as factual disputes are involved, no good ground is made out to exercise inherent jurisdiction to quash the proceedings. All pleas being raised by the applicant may remain open to be raised before the learned court below at the appropriate stage including the bail and discharge.

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The application is disposed of .

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Order Date :- 23.1.2023/SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Sachin Kumar v. State of U.P. and Another

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Sachin Kumar v. State of U.P. and Another

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