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Neutral Citation No. - 2025:AHC:26912 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5545 of 2025 Applicant :- Sikandra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard the learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The present application under Section 482 of Cr.P.C. has been filed, seeking the quashing of the charge sheet dated 18.2.2023 and cognizance order dated 2.3.2024 as well as entire proceedings of Criminal Case No. 3257 of 2024, titled State v. Sikandra Yadav, arising out of Case Crime No.318 of 2022, registered under Sections 4/5 of the Explosive Substances Act, pending before the learned Additional Chief Judicial Magistrate, Court No.1, Fatehpur. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. It is further contented that the applicant was merely the driver of the vehicle from which the alleged country-made bomb was recovered. It is argued that no reasonable driver would conceal a bomb beneath the driving seat, therefore, the alleged recovery is manipulated and falsely planted against the applicant. 4. Per contra, learned A.G.A. has opposed the application, contending that the recovery of the country-made bomb was made from the car driven by the applicant, who was apprehended on the
spot. It is argued that there are sufficient material on record to proceed with the trial. 5. After hearing learned counsel for both the sides and after perusal of the record, this Court finds that the recovery of the country- made bomb from the vehicle driven by the applicant has been made. The applicant's plea of false implication and fabrication of recovery is a defense that can be examined in detail during the course of the trial. 6. It is a settled principle of law that the inherent powers under Section 482 Cr.P.C. should be exercised sparingly, with caution, and only in exceptional cases to prevent the abuse of the process of the court or to secure the ends of justice. In the instant case, no ground is made out to invoke the inherent jurisdiction of this Court, particularly when the allegations involve offenses under the Explosive Substances Act, necessitating a thorough examination of evidence at trial. 7.
In view of the foregoing discussions, the instant application is devoid of merits, and is accordingly dismissed. Order Date :- 20.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad