Rajeev Gupta @ Rajeev Kumar Gupta vs State Of U.P. And Another
2023 Latest Caselaw 21392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160572
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 28971 of 2023
 

 
Applicant :- Rajeev Gupta @ Rajeev Kumar Gupta
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pawan Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

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

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.06.2023, cognizance order dated 05.07.2023 as well as entire proceedings of Criminal Case No.97 of 2023 arising out of Case Crime No.141 of 2021 (State vs. Mahfooj Ali and others), under Section 60(1)/72 Excise Act & 120-B I.P.C., PS Milak, District Rampur, pending in the Court of Civil Judge (S.D.)/F.T.C., Rampur (U.P.).

3. Learned counsel for the applicant submits that instant prosecution is malice prosecution and applicant is not named in the F.I.R. Moreover, applicant was present in Kerala for kidney and liver transplant. All allegations against the applicant are false and have not supported the prosecution case.

4. Learned A.G.A. has vehemently opposed the submission raised by learned counsel for the applicant and submits that on the ground of alibi, it cannot be considered at this stage and evidence has yet to come. The submissions raised by applicant's counsel are disputed question of facts, as such, the same cannot be examined at this stage.

5. Considered the entire records and plea of the applicant regarding he was not present at the time of incident, he was in Kerala for kidney and liver transplant, would not be considered at this stage.

6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

8. However, if the applicant moved discharge application before the court below, then the court below shall decide his application expeditiously, in accordance with law.

Order Date :- 9.8.2023/SKD