Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111727 (ALL)

HIRA LAL JAISWAL ALIAS PINTU v. STATE OF U.P. AND ANOTHER

A482/43369/2024 · 2025-07-30

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:128267 Court No. - 77 Case :- APPLICATION U/S 482 No. - 43369 of 2024 Applicant :- Hira Lal Jaiswal Alias Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Singh 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 has been preferred to quash the order dated 19.09.2024 passed by learned Additional Session Judge, Court No.9, Varanasi in S.T. No.13 of 2014 (State vs. Hira Lal Jaiswal @ Pintu) arising out of Case Crime No.127 of 2010, under sections 274, 275, 276, 419, 420, 467, 468 I.P.C. and sections 18/27 of Drugs and Cosmetics Act, P.S. Kotwali, District- Varanasi, through which discharge application preferred on behalf of applicant has been rejected as well as to stay the further proceedings of aforementioned case. 3. Learned counsel for the applicant submitted that the impugned order dated 19.09.2024 has been passed by learned trial court is illegal and without considering the material facts; no illegal or forged medicines have been recovered from the possession of applicant and as such no offence in pursuance to sections 274, 275, 276, 419, 420, 467, 468 I.P.C. and sections 18/27 of Drugs and Cosmetics Act can be made against the applicant. It is further submitted that the proceeding initiated against the applicant is also 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 is also 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 rebutted the stand taken up by learned counsel for applicant and supported the order dated 19.09.2024 by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial as well as the fact that medicines recovered from the possession of applicant is marked as "not for sale" and as such prima-facie offence has been made out against 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 order dated 19.09.2024 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 :- 31.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad