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2025 DAILYLAW 107451 (ALL)

MUZAMMIL v. State of U.P. AND ANOTHER

A482/38941/2024 · 2025-05-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75064 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38941 of 2024 Applicant :- Muzammil Opposite Party :- State of U.P. and Another Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 11.11.2017, cognizance/summoning order dated 04.06.2018 as well as the entire proceedings of Criminal Case No. 3492/9 of 2018 (State vs. Muzammil) arising out of Case Crime No. 1188 of 2017, under section 4/25 of Arms Act, P.S. Nai Mandi, District-Muzaffarnagar, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears that cognizance of the offence has been taken way back in the year 2018 itself and the matter has already been proceeded for trial after framing of charges and as such no interference is required at this belated stage as trial has been commenced after framing of charges. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 8.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad