Dismissed¶11

Javed Mian v. State of U.P. and Another

Allahabad HC18 Mar 2025A482/20480/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application dismissed (Javed Mian v. State of U.P. & Anr., Allahabad HC, decided 19.3.2025, Saurabh Srivastava, J.): charges under sections 353, 307, 379, 411, 506 I.P.C. and sections 4/21 Mines and Minerals (Development and Regulation) Act, 1957; Case Crime No.351 of 2020, P.S. Ganj, District Rampur; Case No.30 of 2021 before Additional Chief Judicial Magistrate-III, Rampur; charge-sheet 27.02.2021; cognizance/summoning order 22.03.2021; anticipatory bail granted 25.01.2021; no infirmity found; counsel Mohit Behari Mathur; G.A./A.G.A. for State.

What did the court decide?

After hearing rival submissions and on bare perusal of record, there is no infirmity in the impugned charge-sheet, cognizance-taking order or in the proceedings initiated against the applicant in Case No.30 of 2021. ¶10

Javed Mian Vs State of U.P. and Another — Mining and Natural Resources | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the entire proceedings of Case No.30 of 2021 (State vs. Javed Mian and Others), including the charge-sheet dated 27.02.2021, the cognizance/summoning order dated 22.03.2021 and other process issued against the applicant, are liable to be quashed under section 482 Cr.P.C. as an abuse of process of law. +1 more

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Court's answer

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Ratio / Principle

The instant application under section 482 Cr.P.C. lacks merit and is dismissed.

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Detailed headnote1 paragraphs

Allahabad High Court (Court No. 74), Neutral Citation 2025:AHC:39369 — Application U/S 482 No. 20480 of 2024, Javed Mian v. State of U.P. and Another, decided 19.3.2025 by Hon'ble Saurabh Srivastava, J. The applicant sought quashing of the entire proceedings of Case No. 30 of 2021 (State vs. Javed Mian and Others), arising out of Case Crime No. 351 of 2020 under sections 353, 307, 379, 411, 506 I.P.C. and sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, P.S. Ganj, District Rampur, pending before the Additional Chief Judicial Magistrate-III, Rampur, together with the charge-sheet dated 27.02.2021 and the cognizance/summoning order dated 22.03.2021. Counsel for the applicant argued the proceedings were an abuse of process: no person, including the complainant, had received any injury supported by medical evidence, so no offence under sections 307, 353 and 506 I.P.C. was made out; the allegation was only of the applicant sitting on his truck while carrying sand, so no offence under the Mines and Minerals Act arose; anticipatory bail had already been granted on 25.01.2021. The learned A.G.A. opposed, submitting the charge-sheet and cognizance were based on the material on record and sustainable. Held: after hearing rival submissions and on bare perusal of record, there was no infirmity in the impugned charge-sheet, cognizance-taking order or the proceedings; the application under section 482 Cr.P.C. lacked merit and was dismissed.

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Neutral Citation No. - 2025:AHC:39369

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 20480 of 2024

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Applicant :- Javed Mian Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for applicant and learned A.G.A. for State.

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The instant application under section 482 Cr.P.C. has been preferred to quash the entire proceedings of Case No.30 of 2021 (State vs. Javed Mian and Others) arising out of Case Crime No.351 of 2020, under sections 353, 307, 379, 411, 506 I.P.C. and sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, P.S. Ganj, District- Rampur, pending in the court of learned Additional Chief Judicial Magistrate-III, Rampur including the charge-sheet dated 27.02.2021 as well as cognizance/summoning order dated 22.03.2021 and other process issued against the applicant in the abovementioned case.

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Learned counsel for the applicant submitted that the proceedings initiated against the applicant is the abuse of process of law, since none of the person including the complainant in this case has received any injury, which is supported by any medical evidence and as such no offence under section 307, 353 and 506 I.P.C. has been made out against the applicant. It is further submitted that the allegation against the applicant is only of sitting on his truck while carrying sand, hence offence under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 has also not been made out; therefore it is clear that submission of charge-sheet against the applicant, cognizance taking order and the process initiated against the applicant in shape of Case No.30 of 2021 (State vs. Javed Mian and Others) is not sustainable in the eye of law and as such the same are liable to be quashed. It is further submitted that applicant has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.01.2021, the said order is annexed as Annexure No.3 to the affidavit filed in support of this application.

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Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant by way of submitting that after considering the material on record, charge-sheet has been submitted and cognizance has been taken up against the applicant and as such the proceedings initiated against the applicant in shape of Case No.30 of 2021 (State vs. Javed Mian and Others) is sustainable in the eye of law.

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After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that there is no infirmity in the impugned charge-sheet, cognizance taking order as well as in the proceedings initiated against the applicant in shape of abovementioned case.

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In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed .

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Order Date :- 19.3.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Javed Mian v. State of U.P. and Another

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Javed Mian v. State of U.P. and Another

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