Kamrul Islam And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 10049 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 11019 of 2021
 

 
Applicant :- Kamrul Islam And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Swatantra Kumar Rai,Ram Pravesh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. None for the applicants. On 27.7.2021, counsel for the applicants had prayed for adjournment to file supplementary affidavit, but no supplementary affidavit has been filed till date. Perused the file with the help of Sri Vinod Kant, learned AAG assisted by Sri Janardan Prakash, learned AGA for the State.

2. This application has been filed seeking quashing of entire criminal proceedings as well as impugned charge sheet dated 01.06.2020 alongwith cognizance taking order dated 20.11.2020 in Case No. 20328/2020 (State Vs. Farkhuruddin and others) arising out of Case Crime No. 24 of 2020, under section 323, 504, 506, 336, 427, 147 IPC, police station - Dharamsinghwa, District Sant Kabir Nagar pending in the Court of Civil Judge (JD)/ Judicial Magistrate, Sant Kabir Nagar.

3. In the application, it is mentioned that allegations against person are omnibus and general and plain reading of the FIR will reveal that no specific role has been assigned to any of the applicants. However, fact of the matter is that these are not grounds for quashing of the charge sheet and the consequential proceedings. Grounds available are broadly classified in the judgment of State of Haryana and others Vs. Bhajan Lal and others, 1992 SCC (CRI) 426, and none of these grounds have been made out to quash the charge sheet and consequential orders. Therefore, application fails and is dismissed.

Order Date :- 10.8.2021

S.K.S.