Court No. - 78
Case :- APPLICATION U/S 482 No. - 9560 of 2021 Applicant :- Adil Saifi Opposite Party :- State of U.P.
Counsel for Applicant :- Prakhar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to quash the impugned charge sheet including entire proceeding of Criminal Case No.11275 of 2020 (State Vs. Rizwan and others) arising out of Case Crime No. 354 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Soorajpur, District - Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
Learned counsel for the applicant submits that applicant is Devar of the deceased and he has no concern with the crime alleged against him. He has been falsely implicated in this case. The applicant is doing the private job and living separately. There is general allegation made against the applicant in the FIR which has been lodged after considerable delay. There is no public independent witness of the incident, therefore, the charge sheet as against the applicant may be set aside.
Learned A.G.A. opposed the contentions raised on behalf of the applicant and submitted that since the charge sheet has been filed before the court concerned whereupon the cognizance has been taken, hence the instant application is liable to be rejected.
After going through the record of the case and hearing the rival submissions raised on behalf of the respective parties, I do not find any good ground for quashing the charge sheet filed against the applicant at this stage in exercise of powers under Section 482 Cr.P.C. as the applicant will have ample opportunity of hearing before the trial court. Accordingly, the application lacks force and is rejected as such.
Order Date :- 21.5.2021 Atul Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.22 13:18:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad