Hindi High Court transferred a Section 482 CrPC application seeking quashment of a duplicate NDPS complaint against an acquitted applicant. Court stayed the complaint proceedings and directed issuance of notice to the State.
Stay of entire criminal proceeding of Complaint Case No. 12 of 2023.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 35673 of 2024
Applicant :- Harishchandra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mani Ram Verma,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
and Section 353 IPC. After the trial, the applicant was acquitted under the provision of Drugs and Cosmetic Act but convicted under section 353 IPC. During the pendency of session trial the Drug Inspector also lodged a complaint on 06.02.2023 under the provisions of Drugs and Cosmetic Act. After summoning the applicant in that complaint during inquiry proceeding the learned court came to know about the pendency of session trial regarding the same incident and then session trial no. 2026/2022 was also connected with the complaint case. Though the applicant was acquitted in session trial no. 2026/2022 under charges of Drugs and Cosmetic Act but still the proceedings of complaint case has been pending which is absolutely illegal and violation of provision of Article 20(2) of Constitution of India as well as provision of 300 Cr.P.C.
4. Matter requires consideration.
Order Date :- 28.11.2024
Arti
Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether entire criminal proceedings in a duplicate Complaint Case against an acquitted applicant should be quashed to avoid violation of Article 20(2).
1 provisions across 1 enactments
Harishchandra Gupta
State of U.P.
Arun Kumar Singh Deshwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
