Dismissed

Nafees v. State of U.P. and Another

Allahabad HC20 Aug 2024A482/21285/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of cognizance order and charge-sheet alleging false implication over an unauthorisedly run petrol pump. The High Court held factual questions and evidence appreciation fall outside Section 482 jurisdiction and found no illegality or mala fide in the proceedings, dismissing the application.

What the court decided

AI extract

Nafees vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:133387

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 21285 of 2024

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Applicant :- Nafees Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused material on record.

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The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the impugned cognizance order dated 25.4.2022 and charge-sheet dated 14.10.2021 as well as entire proceeding of Case No. 892 of 2022, titled as State v. Nafees and others, arising out of Case Crime No. 294 of 2021, under Sections 420, 120-B IPC and Section 3/7 of Essential Commodities Act, P.S. Chhatari, District Bulandshahar, pending before the learned Additional Chief Judicial Magistrate, Khurja, Bulandshahar.

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Learned counsel for the applicant submits that no case under Sections 420, 120-B IPC and Section 3/7 of Essential Commodities Act is made out against the applicant. The petrol pump was licensed in the applicant's father name and therefore, the applicant has been falsely implicated in the instant case. The impugned order is patently illegal, arbitrary, erroneous and not sustainable in the eye of law and thus, liable to be quashed.

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Per-contra , learned A.G.A has opposed the application and submits that the license for the Filling Station was cancelled by the authorities concerned on 23.01.2021 and still the applicant was

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running the petrol pump, and selling the diesel and petrol unauthorizedly. On spot inspection, no document to run petrol pump was produced by the applicant, enabling him to operate the petrol pump.

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In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 CrP.C.

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Perusal of contents of charge-sheet, the statement, recorded under Section 161 Cr.P.C. and the submissions of learned, no case for quashing of impugned proceedings is made out.

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The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed .

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Order Date :- 20.8.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Nafees v. State of U.P. and Another

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Nafees v. State of U.P. and Another

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