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Allahabad High Court · body

2016 DIGILAW 1889 (ALL)

Gufran Ali v. State of U. P.

2016-05-16

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings in Case No. 694 of 2015, arising out of Crime No. 465 of 2014, under Sections 420, 406, 506 IPC, Police Station Adampur, District Amroha pending before the Judicial Magistrate, Hasanpur, J.P. Nagar. 2. Heard learned counsel for the applicant and the learned AGA for the State and perused the record. 3. It is submitted by the learned counsel for the applicant that the applicant had approached this Court vide application under Section 482 no. 8595 of 2015 before submission of charge-sheet in the matter and this Court passed the following order dated 10.4.2015 on the said application : "Heard learned counsel for the applicants as well as learned AGA for the State. The applicants, through present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to direct the Court below to decide the bail application to accused -applicants on the same day in case crime No. 465 of 2014, under Sections 420, 406 and 506 IPC, Police Station Adampur, District Amroha, J.P. Nagar. Having considered rival submissions advanced by the learned counsel for the parties and considering the facts and the circumstances of the case, the court below is expected to proceed in accordance with law following the principle of law enunciated in the decision of Criminal Misc. Application No. 21679 of 2014 (Munawwar & nine others Vs. State of U.P. and Another). Accordingly, this petition is disposed of." 4. It is further submitted that now the applicant is challenging the charge-sheet and the entire proceeding of the aforesaid case. In the FIR no specific role has been assigned to the applicant. Offences levelled in the charge-sheet are not attracted against the applicants. The cognizance order is illegal. 5. Having regard to the facts and circumstances of the case, after perusing the materials available on record and having considered the submissions made by the learned counsel for the parties and keeping in view the conduct of the applicant, no ground is made out to invoke inherent jurisdiction under Section 482 CrPC again. There is no infirmity or illegality in the said order. Further, from the materials available on record, at this stage it cannot be said that no prima-facie case is made out against the applicant. There is no infirmity or illegality in the said order. Further, from the materials available on record, at this stage it cannot be said that no prima-facie case is made out against the applicant. The application being devoid of merits is liable to be dismissed and the same is accordingly dismissed.