Court No. - 84
Case :- APPLICATION U/S 482 No. - 11197 of 2021 Applicant :- Gulam Jilani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Md. Samiuzzaman Khan, learned counsel for the applicant and Shri Pankaj Saxena, learned AGA-I for the State-Opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the entire criminal proceedings of Session Trial No. 189 of 2003 (State Vs. Wasif Haider & others) bearing Case Crime No. 65 of 2003, under section 3(1) U.P. Gangster Act, Police Station Chamanganj, District Kanpur Nagar, and charge sheet no. 34 of 2003 dated 17.4.2003 pending in the court of Special Judge Gangster Act, District Kanpur Nagar.
Learned AGA-I points out that the present application seeks quashing of the charge sheet dated 17.4.2003. The trial is at the stage of arguments and in view thereof the present application seeking quashing of the proceedings is not liable to be entertained.
Counsel for the applicant has not disputed the aforesaid factual position and fairly states that he does not wish to press the reliefs as prayed for in the application. The prayer for quashing of the proceedings is therefore, declined.
Learned counsel for the applicant draws attention to the court to an order dated 18.12.2017 passed in Application U/S 482 No. 40661 of 2017 (Syed Wasif Haider Vs. State of U.P. and Another) stated to have been filed by a co-accused in the same case, which was disposed of with a direction to expedite and conclude the proceedings.
The order sheet of the case indicates that the trial is at the stage of arguments and therefore, it would be expected of the court below to endeavor to conclude the trial expeditiously.
The application stands disposed of, accordingly. Order Date :- 29.7.2021 Kirti (Dr. Y.K. Srivastava, J)