ASHARAM GUPTA @ ASHARAM AND 2 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND ANOTHER
/131/2025 · 2025-01-09
Manoj Bajaj
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 114876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114876 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1731 Court No. - 18 Case :- APPLICATION U/S 482 No. - 131 of 2025 Applicant :- Asharam Gupta @ Asharam And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the charge sheet dated 6.2.2024 as well as cognizance/ summoning order dated 4.3.2024 passed by Additional Civil Judge/ Judicial Magistrate Room No.29, Sultanpur and the entire proceedings of Case Crime No. 320 of 2023, under Sections 323, 504, 506, 308 I.P.C., Police Station Dostpur, District Sultanpur.
Learned counsel for the applicants while referring to the grounds raised in this application has submitted that the prosecution of applicants is apparently misuse of process of law, therefore, interference is warranted by this Court by exercise of inherent powers under Section 482 CrPC. He prays that the impugned final report as well as the cognizance order, be quashed, in the interest of justice. During the course of hearing, it is not disputed by learned counsel that the offences contained in the FIR as well as in the impugned final report relate to the offences against human body and the case of the prosecution is based upon the evidence of injured/victim. Apart from this, it is also fairly stated by learned counsel that the impugned final report has not yet been considered by the trial court, as the charges against the accused have not been framed. After hearing the learned counsel, this Court finds that concededly the final report under Section 173(2) Cr.P.C. is yet to be considered by the trial court as the charges against the applicants have not been framed so far, therefore, keeping in view of the decision of Hon'ble Apex Court in the case of Dharmatma Singh vs. Harminder Singh & Ors. passed in Criminal Appeal No.1126 of 2011 (3) RCR Criminal 38, this Court is of the considered opinion that the grounds raised by the applicants herein can also be pressed before the trial court at an appropriate stage.
Resultantly, without meaning any expression of opinion on the merits of this case, no case is made out for interference by way of exercise of inherent powers under Section 482 Cr.P.C. The application is dismissed. However, it shall be open for the applicant to raise all the grounds pleaded in this application, before the trial court at the stage of consideration of final report.
Order Date :- 9.1.2025 P.S. Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench