Allahabad High Court
Vinod Gupta vs State Of U.P. Thru. Addl. Chief ... on 15 May, 2023
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33342
Court No. - 15
Case :- APPLICATION U/S 482 No. - 2881 of 2023
Applicant :- Vinod Gupta
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others
Counsel for Applicant :- Pankaj Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Vakalatnama filed by Sri Pradeep Tiwari, Advocate on behalf of opposite party no.2 is taken on record.
2. Heard Sri Pankaj Kumar Srivastava, learned counsel for the applicant, Sri Alok Saran, learned A.G.A for the State, Sri Sri Pradeep Tiwari, learned counsel for opposite party no.2 and perused the entire record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet no.1, under Section 120B, 386, 387 and 506 I.P.C, arising out of FIR No.284/2022, Police Station Ghazipur, District Lucknow.
4. Learned counsel for the applicant has submitted that accused/ applicant is innocent, who has been falsely implicated in this case due to some ulterior reason.
5. His further submission is that the content of the first information report does not disclose any ingredients, which are essential to constitute offence under Sections 120B, 328, 354, 354(ga), 376, 386, 387, 506 I.P.C. He has also submitted that even during investigation, no credible evidence could be collected against the present accused/ applicant. Despite, this fact, a charge sheet came to be laid mechanically against the applicant.
6. Learned counsel for the applicant, on the basis of aforesaid submissions, has submitted that the present proceeding is nothing but an abuse of process of this Court and a malicious prosecution too, which deserves to be quashed.
7. Per contra, learned A.G.A. for the State and learned counsel for opposite party no.2 have vehemently submitted that the law of quashing has been fairly settled in the celebrated judgment rendered by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and R.P. Kapur Vs. State of Punjab AIR 1960 SC 866.
8. His further submission is that in view of law laid down by the Hon'ble Supreme Court in Ramveer Upadhyay vs. State of U.P. reported in AIR 2022 SC 2044 and Rathish Babu Unnikrishnan vs. State (NCT of Delhi) reported in 2022 SCC OnLine SC 513, truthfulness or otherwise of the prosecution version or defence version cannot be looked into at this stage. At such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.
9. Thus, in view of aforesaid, learned A.G.A. has submitted that the present application under Section 482 Cr.P.C. devoid of merit and deserves to be dismissed.
10. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record including the first information report and the charge sheet laid against the present applicant, this Court is of considered view that in view of law laid down by the Hon'ble Supreme Court in Bhajan Lal's case (supra), R.P. Kapur's case (supra), Ramveer Upadhyay's case (supra) and Rathish Babu Unnikrishnan's case (supra), no ground for quashing the instant proceeding exists.
11. Accordingly, the prayer for quashing the proceedings under challenge is refused as this Court does not find any illegality, impropriety and incorrectness in the same. There is no abuse of court's process either.
12. However, the applicant will have an opportunity at the appropriate stage to move an application for discharge before appropriate Court taking therein all the pleas factual and legal which may be available to him/her, in accordance with law. In case, such an application is moved before the learned trial Court, the learned trial Court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
13. However, it is needless to mention that if the applicant applies for grant of bail/anticipatory bail, the learned trial Court shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and others : MANU/SC/1024/2021.
14. With the aforesaid observations, the instant application is finally disposed of.
Order Date :- 15.5.2023
A.Dewal
