Dismissed¶11

Ishtiyaq Husain v. State of Up and Another

Allahabad HC7 May 2025A482/38098/2024

Case brief

AI extract

What is this about?

Allahabad High Court, APPLICATION U/S 482 No. 38098 of 2024 (Neutral Citation 2025:AHC:75072), decided 8.5.2025 by Saurabh Srivastava, J. — S.482 Cr.P.C. quashing application against charge-sheet dated 01.05.2023 and cognizance/summoning order dated 30.05.2024 in Case No. 6086 of 2024 (Crime No. 225 of 2022, section 3/7 Essential Commodities Act, P.S. Saraimeer, District Azamgarh); court found no illegality in the charge-sheet or cognizance/summoning order; application dismissed.

What did the court decide?

On hearing rival submissions and bare perusal of the record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the trial court has rightly proceeded against the applicant; accordingly the section 482 application lacks merit. ¶10

Ishtiyaq Husain Vs State of Up and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:75072

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 38098 of 2024

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Applicant :- Ishtiyaq Husain Opposite Party :- State of U.P. and Another

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Hon'ble Saurabh Srivastava,J.

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

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The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 01.05.2023, cognizance/summoning order dated 30.05.2024 as well as the entire proceedings of Case No. 6086 of 2024 (State vs. Ishtiyaq Husain) arising out of Case Crime No. 225 of 2022, under section 3/7 of Essential Commodities Act, P.S. Saraimeer, District- Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 10, Azamgarh as well as to stay the further proceedings of abovementioned case.

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Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.

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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 applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.

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After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.

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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 :- 8.5.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Ishtiyaq Husain v. State of Up and Another

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Ishtiyaq Husain v. State of Up and Another

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