VEER GAUTAM @ PREMCHANDRA v. State of UP AND ANOTHER
A482/37500/2024 · 2025-05-11
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106271 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106271 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:76579 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37500 of 2024 Applicant :- Veer Gautam @ Premchandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Yadav,Vivek Kumar Pal Counsel for Opposite Party :- Dhirendra Bahadur Singh,G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Vivek Kumar Pal, learned counsel for the applicant, Sri Dhirendra Bahadur Singh, learned counsel for the informant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the Cr.P.C. and quash the entire criminal proceeding of case No. 20260 of 2021 (State Vs. Veer Gautam & Premchandra) as well as Charge Sheet dated 24.09.2020 and cognizance order dated 29.11.2021, arising out of Case Crime No. 62 of 2020, under sections 354, 419, 504, 506 I.P.C., Police Station Sadar Bazar, District Jhansi, pending in the court of learned Judicial Magistrate Court No. 1, Jhansi. 3. At the very outset, Sri Singh, informant's counsel raised preliminary objection that instant 482 application, filed by applicant, has concealed the material facts as the applicant earlier filed discharge application before the trial court and the same was rejected on 06.05.2024. Applicant has not even whisper about the fact regarding rejection of his discharge application in his 482 application. 4. On being query made to applicant's counsel in this regard, applicant's counsel is unanswered and proceeded by saying that he has filed this 482 application for quashing of the entire criminal proceedings, charge sheet and impugned cognizance order of the case. 5. 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, Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, 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. 6.
Considering the submission advanced by applicant's counsel and looking to the scenario of the case that applicant has concealed the material facts for not explaining rejection of discharge application, filed by applicant before trial court, moreover, on perusal of FIR, material evidence and statement of other witnesses, prima facie, offence is made out against the applicant. No interference is warranted. 7. The present 482 application of applicant-Veer Gautam @ Premchandra, is hereby dismissed with the aforesaid observation. Order Date :- 12.5.2025 Nitin Verma (Justice Deepak Verma) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad