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2025 DAILYLAW 109668 (ALL)

CHANDAN MALI v. STATE OF U.P. AND ANOTHER

A482/42031/2024 · 2025-04-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67923 Court No. - 74 Case :- APPLICATION U/S 482 No. - 42031 of 2024 Applicant :- Chandan Mali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Ram,Ganesh Pandey,Rajesh Kumar 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 17.10.2020 as well as the entire proceedings of Session Trial No.444 of 2023 (State vs. Shiv Shankar Saroj and Others) arising out of Case Crime No.197 of 2020, under section 307 I.P.C. and sections 3/25 Arms Act, P.S. Bardah, District- Azamgrh, pending in the court of learned Additional Session Judge/F.T.C. Court No.2, Azamgarh, including the order dated 25.07.2024, through which discharge application under section 227 Cr.P.C. preferred by the applicant has been rejected. 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 is liable to be quashed by this Court and the order dated 25.07.2024, through which discharge application has been rejected is also liable to be set-aside. 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 proceeded, whereas the impugned order dated 25.07.2024 passed by learned court concerned is also justified. 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 as well as order dated 25.07.2024, wherein no interference is required by this Court 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. Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad