Court No. - 84
Case :- APPLICATION U/S 482 No. - 19117 of 2020 Applicant :- Arun Sonkar @ Veeru Sonkar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Priyadarshini Shandilya,Himanshu Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Himanshu Mishra, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Arvind Kumar, learned A.G.A. appearing for the State respondents.
The present application u/s 482 Cr.P.C. has been filed seeking to quash the chargesheet dated 9.7.2018 alongwith the summoning order dated 5.2.2019 as well as the entire proceedings of Special Sessions Trial (Sp.S.T.) No. 08 of 2019 arising out of Case Crime No. 0085 of 2017 (State of U.P. Vs. Jhabbu Pal & others) under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Daraganj, District Allahabad, pending in the court of A.D.J./Gangster Act, Allahabad.
The contention sought to be raised by the learned counsel for the applicant is based on disputed questions of facts and pertains to appreciation of evidence, which as per the admitted legal position, would not fall within the scope and jurisdiction to be exercised u/s 482 Cr.P.C.
Learned Additional Advocate General has submitted that in view of the well settled legal principles as laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no material grounds has been made out for invocation of the jurisdiction of this Court u/s 482 Cr.P.C.
Learned counsel for the applicant has not been able to dispute the aforesaid legal position with regard to the scope and exercise of powers conferred u/s 482 Cr.P.C.
The relief claimed by means of the present application, thus, cannot be granted.
The present application, accordingly, stands dismissed.
Order Date :- 6.1.2021 Shalini (Dr. Y.K.Srivastava,J.)