Ram Prakash vs State Of U.P. And Another
2021 Latest Caselaw 6930 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- APPLICATION U/S 482 No. - 10124 of 2021
 

 
Applicant :- Ram Prakash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

None for the applicant, though link was sent to Sri Sushil Kumar Dwivedi, learned counsel for applicant-Ram Prakash. Sri Nagendra Srivastava, learned AGA for the State is present.

This petition has been filed under Section 482 Cr.P.C. for quashing of the proceedings undertaken in Special Trial No. 483 of 2020 (State vs. Ram Prakash) in pursuance of summoning order dated 17.02.2021 arising out of chargesheet dated 15.08.2021 submitted in Case Crime No. 0152 of 2019 under Section 135 of Indian Electricity Act at Police Station-Thariyaon, District-Fatehpur pending in the Court of Special Judge (E.C. Act), Fatehpur.

Perusal of the petition and the enclosures annexed therewith, reveals no such ground is made out entitling the applicants to seek quashing of the impugned summoning order, the chargesheet or the case pending before the learned Special Judge. No ground is available for quashing. Law laid down in case of State of Haryana and Others vs. Chaudhary Bhajan Lal and Others, 1992 Supplementary (1) SCC 335, is crystal clear and for quashing one of the circumstance, as are mentioned in Para-102 of the judgment should not only be canvassed, but shown to exist. In the present case, none of the such condition exist, therefore, petition is devoid of merits, deserves to be dismissed and is dismissed.

Order Date :- 1.7.2021

Vikram/-