Dismissed

Roshan Dwivedi v. State of Up and Another

Allahabad HC25 Sept 2024A482/29230/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 CrPC seeking to quash a charge sheet and proceedings. The court held that since the accused had not been heard regarding charge framing, it would not exercise inherent powers as the same grounds could be raised later during the final report stage.

What did the court decide?

Application under Section 482 CrPC dismissed; no proceedings quashed.

Roshan Dwivedi vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188841

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Court No. - 81

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Case :- APPLICATION U/S 482 No. - 29230 of 2024

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Applicant :- Roshan Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- G.A.

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Hon'ble Manoj Bajaj,J.

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Applicant-Accused has filed this application under Section 482 Code of Criminal Procedure for quashing the charge sheet dated 12.11.2020 and the entire proceedings of Sessions Trial No. 871 of 2020; titled State of Uttar Pradesh vs. Vivek Dwivedi, arising out of Case Crime No. 0522 of 2020, under Sections 302/34 IPC and Section 3/27 Arms Act, Police Station Lanka, District Varanasi, pending before the Additional District Judge, Court No. 1, Varanasi.

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After instituting the case on 28.8.2024, it was taken up twice, and on both the occasions, the matter was adjourned on the request of the learned counsel for the applicant.

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Today, again when the case is called, a prayer for adjournment has been made.

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Mr. Abheesh Jaiswal holding brief of Mr. Atharva Dixit, learned counsel for the applicant states that during investigation, the applicant was arrested and pursuant to his disclosure, the recovery of weapon (.32 Bore Revolver) was effected on 23rd August, 2020. However, according to him, later on, the concession of regular bail was extended to the applicant-accused. Further, it is stated by the learned counsel that the trial in the case is yet to commence, as the charges against the applicant have not been framed so far.

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Concededly, the investigation in the subject case crime against the accused concluded in the year 2020, whereas this application has been filed after a long gap of four years in the month of August, 2024.

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Since, the accused is yet to be heard at the stage of framing of charges, therefore, at this stage, this Court is not inclined to exercise the inherent powers under Section 482 Code of Criminal Procedure, as the grounds raised in this application for quashing of the FIR can also be pressed by the applicant at the stage of consideration of the final report.

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Resultantly, without meaning any expression of opinion on the merits of the case, the application fails and is hereby dismissed.

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Order Date :- 2.12.2024 Brijesh

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

Roshan Dwivedi v. State of Up and Another

Case brief

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Roshan Dwivedi v. State of Up and Another

Case brief

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