Vinay Kumar Yadav vs State Of U.P. And Another
2017 Latest Caselaw 5717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 31
 

 
Case :- APPLICATION U/S 482 No. - 166 of 2015
 

 
Applicant :- Vinay Kumar Yadav
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- J.S. Kashyap,S.S. Kashyap,Samit Gopal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Mishra-I,J. 

Heard learned counsel for the applicant and learned AGA for the State.

This application under Section 482 Cr.P.C. has been filed for quashment of the Charge- Sheet No.64 of 2011 dated 12.05.2011 as well as whole proceedings in Criminal Case No.1295 of 2011 and Case Crime No.55 of 2011 and order dated 13.07.2011 passed by Judicial Magistrate, Kaushambi under Section 6 of the United Provinces Special Powers Act, 1932, Police Station- Pipari, District Kaushambi, State Vs. Vinay Kumar Yadav and others, pending in the court of Judicial Magistrate, Kaushambi.

It has been submitted precisely that Section 6 of the United Provinces Special Powers Act, 1932 is not applicable in view of notification of the Government, which Notifications are numbered 3220/VII-B-554-1934, dated 10.5.1954 and Notification No.3320-D(1)/VII-B-554-1954, dated 14.5.1954, reveal that district- Kaushambi and district- Allahabad have not been included in all 31 districts, wherein specific names of the districts have been described (in aforesaid notifications).

Upon perusal of the counter affidavit filed by learned AGA, it is discovered that there is no mention about Notification No.3220/VII-B-554-1934, dated 10.5.1954 and Notification No.3320-D(1)/VII-B-554-1954, dated 14.5.1954 of the United Provinces Special Powers Act, 1932, which in turn shows that district Kaushambi and district Allahabad have not been included in these notifications. As per the mandate of Section 2 of the aforesaid Act, it is obvious that the said Act is applicable to the whole of Uttar Pradesh, but the relevant provisions to be made applicable for any particular district will come into force only when name of the district is notified for that purpose by way of notification. 

In the wake of above, it is obvious that the FIR lodged under Section 6 of the of the United Provinces Special Powers Act, 1932 against the applicant becomes erroneous, illegal and the entire process drawn against the applicant becomes redundant, vexatious and the same cannot be sustained in the eyes of law. Hence, impugned Charge- Sheet No.64 of 2011 dated 12.05.2011 as well as the entire proceedings in Criminal Case No.1295 of 2011 arisng out of Case Crime No.55 of 2011 and order dated 13.07.2011 passed by Judicial Magistrate, Kaushambi under Section 6 of the United Provinces Special Powers Act, 1932, Police Station- Pipari, District Kaushambi, State Vs. Vinay Kumar Yadav and others, pending in the court of Judicial Magistrate, Kaushambi is hereby set aside and quashed. The submission floated by the counsel for the applicant carry force and the same are sustained. Consequently, the application is allowed.

Order Date :- 25.10.2017

Raj