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2025 DIGILAW 1352 (SC)

Jay Prakash Mishra v. State of U. P.

2025-06-16

PRASANNA B.VARALE, SANDEEP MEHTA

body2025
ORDER : 1. Heard learned counsel for the petitioner and perused the order impugned passed by the High Court. 2. The High Court has dismissed the petition filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973/528 1 [hereinafter referred to as ‘Cr.P.C.’] of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the order dated 24.12.2024 passed by the Additional Sessions Judge/Special Judge (P.C. Act Cases), directing framing of charges against the petitioner. 3. On a perusal of the material available on record, we find that earlier the petitioner approached the High Court for quashing of the FIR by way of a miscellaneous application bearing No. 5702 of 2021 filed under Section 482 Cr.P.C. wherein the High Court stayed the non-bailable warrant issued against the petitioner while observing that, prima facie, case was made out from the charge sheet, as placed on record. 4. Hence, we are of the opinion that no ground is made out warrants interference with the order impugned passed by the High Court. 5. However, the petitioner is at liberty to raise all his valid defences before the Trial Court at the appropriate stage of proceedings. 6. The present special leave petition is dismissed as being devoid of merit. 7. Pending applications, if any, shall stand disposed of.