The applicant sought quashing of criminal proceedings under Section 482 Cr.P.C., alleging false implication. The High Court held factual disputes require trial court adjudication and noted prima facie evidence of the offence.
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Neutral Citation No. - 2024:AHC:167064
Court No. - 78
Case :- APPLICATION U/S 482 No. - 35049 of 2024 Applicant :- Abdul Hasan Alias Kareem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
and proper seizure has been made in accordance with law. Therefore, no indulgence can be granted to the applicant at this stage.
Order Date :- 21.10.2024
Shafique
Justice Vinod Diwakar
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
3 issues framed by the court
Whether the impugned proceedings under Section 60 of the Excise Act are manifestly attended with mala fides warranting quashing.
Whether substantial illegality or perversity exists in the summoning order justifying interference under Section 482 Cr.P.C.
Whether the allegations made out prima facie ingredients of the offence under Section 60 of the Excise Act.
2 provisions across 2 enactments
Abdul Hasan Alias Kareem
State of U.P.
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
