In an s. 482 CrPC application, applicants seeking quashing of proceedings after prior acquittal in a connected case. The court granted time to the State and stayed the impugned order.
Stayed the impugned order and proceedings; listed for 29.05.2024.
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. - 16
Case :- APPLICATION U/S 482 No. - 2015 of 2024
Applicant :- Bacchan Alias Mohd. Nisar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Rashid Ahmad, learned Counsel for the applicants, Shri Nirmal Kumar Pandey, learned A.G.A. for the Stateopposite party and perused the material placed on record.
The present application under Section 482 Cr.P.C. has been filed on behalf of the applicant, namely-Bacchan alias Mohd. Nisar, Wasi Ahmad and Mohd. Iqbal seeking quashing of the impugned order dated 05.02.2024 passed by Special Judge N.D.P.S. Act Court No.10, Barabanki and quashing the entire proceeding of Sessions Trial No.166 of 1988 Crime No.148 of 1987 under Section 8/18/21/22 N.D.P.S. Act; State vs. Muin and others at Police Station-Zaidpur, District-Barabanki pending in the court of Special Judge NDPS Act Court No.10, Barabanki.
Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the brief facts of the case are that an F.I.R was lodged on 22.12.1987 which was registered as Crime No.148 of 1987 alleging therein that the accused persons except co-accused, namely-Tahir runaway from the house of Tahir and he was arrested but other 13 co-accused persons fled away from the spot. Thereafter, the police conducted a search, where they found 2 KG of morphine, chemical and utensils which were allegedly recovered from the house of the Tahir thereafter, the said F.I.R. was lodged. He further submits that all the accused persons except co-accused, namely-Tahir had runaway from the spot on the same day 22.12.1987. The police got an information that all the accused persons hid themselves in a grove of Sriram Bhant at about 11:00 A.M. the police made a raid and arrested the accused applicant, namely-Wasi Ahmad, Mohd. Iqbal and Ali Akhtar (now deceased) and rest of the accused persons again fled away from the spot, thereafter, an F.I.R. was registered as Crime No.149 of 1987 under Section 8/21/22 of N.D.P.S. Act, 3(1) of U.P. Gangster and Prevention of Anti Social Activities Act and under Section 147, 148 and 307 I.P.C. both the cases were connected.
Learned Counsel for the applicants further submits that trial of
Crime No.149 of 1987 under Section 8/21/22 of N.D.P.S. Act, 3(1) of U.P. Gangster and Prevention of Anti Social Activities Act and under Section 147, 148 and 307 I.P.C., Police StationZaidpur, District-Barabanki has been decided by the Special Judge Gangster Act Court No.8, Barabanki on 31.05.2022 and all the alive accused including the applicants were acquitted. He further submits that thereafter on 07.08.2023 notices were issued to applicants for providing copy of the documents relating to the case for reconstruction of the file. Thereafter, on 30.01.2024 the applicants moved an application before the trial court concerned praying therein to drop the proceedings and discharge them from all the charges as they have already been acquitted in the aforesaid case but their application has been rejected vide order dated 05.02.2024 without considering the material available on record and without going the averments made by them in their applications. He further submits that it was clearly mentioned in their applications that 37 years have passed and they have already been acquitted from the charges leveled against them in the aforesaid case but the trial court did not applied its mind and passed the impugned order, which is nothing but an abuse of process of law.
Learned Counsel for the applicants further submits that all the applicants are old aged persons and are suffering from various diseases and they are unable to move, thus, it was argued that after going through the record and taking overall view of the facts and circumstances of the case, no offence is made out against the applicants even after reconstruction of the file and the learned trial court has failed to consider the case of the applicants, thus, the discharge application was wrongly rejected by the trial court, he prays for some interim relief.
In view of the above, matter requires consideration on fact and law both.
Learned A.G.A. has accepted notice on behalf of State-opposite party. He prays for and is granted four weeks' time to file counter affidavit. Two weeks' time thereafter shall be available to learned Counsel for the applicants for filing rejoinder affidavit.
Accordingly, list/put up this case on 29.05.2024 before appropriate Court.
Till the next date of listing, further proceedings in pursuance of the impugned order dated 05.02.2024 passed by Special Judge N.D.P.S. Act Court No.10, Barabanki and the entire proceeding of Sessions Trial No.166 of 1988 Crime No.148 of 1987 under Section 8/18/21/22 N.D.P.S. Act; State vs. Muin and others at
Police Station-Zaidpur, District-Barabanki pending in the court of Special Judge NDPS Act Court No.10, Barabanki shall be kept in abeyance so far it relates to the present applicants.
Order Date :- 5.3.2024 Piyush/-
Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the High Court should allow the applicants to quash the proceedings and discharge them after their acquittal in a connected trial.
Whether the trial court acted as an abuse of process of law by rejecting the discharge application without considering the acquittal material.
3 provisions across 3 enactments
Bacchan Alias Mohd. Nisar
Wasi Ahmad
Mohd. Iqbal
State Of U.P. Thru. Prin. Secy. Home
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
