Samsher Singh Alias Sher Bahadur ... vs State Of U.P. And Another
2022 Latest Caselaw 5554 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- APPLICATION U/S 482 No. - 16745 of 2022
 

 
Applicant :- Samsher Singh Alias Sher Bahadur Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Atmaram Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard the learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C.has been filed to set aside the chargesheet dated 16.11.2019 and cognizance order dated 16.12.2021 passed in case no. 1847 of 2021, State Vs. Shamsher Singh, arising out of case crime no. 642 of 2019, under section 3/25 Arms Act, police station Meja District Allahabad.

It is argued by the learned counsel for the applicant that nothing has been recovered from the possession of the applicant and he has been falsely implicated in the present case. There is no eye witness of the incident. As the applicant could not fulfilled the illegal demand of the opp. party no. 2, so he has been falsely implicated in this case.

Learned A.G.A. opposed the prayer.

In M/s Zandu Pharmaceutical Works Vs. Md Sharaful Haque and another, judgment dated 1.11.2004, the Apex Court held that exercise of power under Section 482 of the Code is the exception and not the rule. The section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule, which would govern the exercise of inherent jurisdiction. All Courts whether civil or criminal possess, in the absence of any express provisions, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice.

From the perusal of the first information report, it is found that the police has apprehended the applicant having an illegal country made pistol of 315 bore along with two live cartridges of 8.00 m.m. Whether this recovery is true or false and whether the absence of witnesses at the time of recovery proves the recovery false is to be decided after evidence. The matter is factual one. As per the judgement of M/s Zandu Pharmaceutical Works Vs. Md Sharaful Haque and another, this court is not under obligation to embark upon an inquiry to ascertain the facts of the case at this stage.

The application is devoid of merit hence, no interference with the impugned order is called for.

The application under section 482 Cr.P.C. is accordingly dismissed.

Order Date :- 29.6.2022

Gss