Ashish Gupta vs State Of U.P. And Another
2023 Latest Caselaw 21636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162525
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29295 of 2023
 

 
Applicant :- Ashish Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Gopal
 
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 31.03.2023, cognizance/summoning order dated 10.04.2023 as well as entire proceedings of Special Case No.58 of 2023 arising out of Case Crime No.65 of 2023 (State vs. Ashish Gupta), under Sections 8/21/22 N.D.P.S. Act, PS Sheeshgarh, District Bareilly, pending in the Court of Additional Sessions Judge, Court no.9/Special Judge (N.D.P.S. Act), Bareilly.

3. Learned counsel for the applicant submits that the applicant is engaged in selling medicines and having valid license to run the retail shop. The alleged medicine was supplied by wholesale dealer. Cognizance taken by learned magistrate is bad in the eye of law and abuse of the process of the court. Learned counsel for the applicant next submitted that there is no witness to support the prosecution case. Entire story is false and fabricated.

4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submitted that it is a disputed question of facts which cannot be examined at this stage.

5. Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned by learned counsel for the applicant are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

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 :- 10.8.2023

SKD