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Ram Prakash @ Prakash vs State Of U.P. Thur. Spl. Judge, ...

High Court Of Judicature at Allahabad|21 January, 2010

JUDGMENT / ORDER

Concededly crime number has been wrongly mentioned in the petition as well as in the prayer clause.
Let it be corrected.
Put up thereafter.
Order Date :- 21.1.2010 ML/-
This petition under Section 482 Cr.P.C. has been filed for quashing of the charge sheet.
The crime is of the year 1997. The charge sheet is under Section 3/25 Arms Act. Quashing of the charge sheet has been sought after 12 years and the only explanation for delay is said to be that earlier a case of NDPS Act was also pending against the petitioner which has been decided now but the date of decision has not been disclosed.
Inherent powers of this Court under Section 482 Cr.P.C. are not meant to be used as a tool to be given in the hands of the accused to misuse it. It is also not for the purpose of creating impediment in the trial or to stifle the legitimate proceedings. Such laches cannot be overlooked.
In view of the above, this petition deserves to be dismissed with exemplary cost but this Court refrains itself from imposing any cost but the petition is dismissed.
However, having regard to the fact that the case is pending for the last about 12 years, the Court below is directed to conclude the trial expeditiously preferably within six months from the date a certified copy of this order is produced before it.
Order Date:- 21.01.2010 ML/-
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Title

Ram Prakash @ Prakash vs State Of U.P. Thur. Spl. Judge, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 January, 2010