SONU JAISWAL @ SARVESH AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/2566/2025 · 2025-04-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10944 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60311 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2566 of 2025 Applicant :- Sonu Jaiswal @ Sarvesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. 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 21.05.2017, cognizance/summoning order dated 11.05.2018 and the entire proceedings of Case No.3514 of 2018 (State vs. Sonu Jaiswal @ Sarvesh and Others) arising out of Case Crime No.67 of 2017, under sections 419, 420 I.P.C. and section 60 of U.P. Excise Act, P.S. Saraimeer, District- Azamgarh, pending in the court of learned Chief Judicial Magistrate, Azamgarh 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 and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
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 :- 22.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad