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2025 DAILYLAW 6391 (ALL)

TASAVVAR v. STATE OF U.P. AND ANOTHER

A482/1776/2025 · 2025-01-21

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12338 Court No. - 76 Case :- APPLICATION U/S 482 No. - 1776 of 2025 Applicant :- Tasavvar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record. 2. The learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. It is contended that the applicant purchased diesel for personal use, as evidenced by purchase receipt No. 3794 dated 27.07.2020, indicating the purchase occurred at 03:30 p.m. Furthermore, the applicant owns a generator set with a capacity of five kilowatts, for which the storage of diesel is necessary. It is further argued that no FSL analysis or any other scientific evidence has been conducted to substantiate the allegations made against the applicant. 3. On the other hand, the learned A.G.A. opposes the application, contending that the applicant is involved in the unauthorized sale of diesel from his premises. It is submitted that during a raid conducted by the Supply Inspector at 03:00 p.m., 150 liters of diesel were recovered from the applicant's premises. The purchase receipt relied upon by the applicant is stamped at 03:30 p.m., which is after the time of the raid, raising questions regarding its credibility. 4. Consideration the submissions made by the learned counsel for the parties, upon perusal of the FIR and the documents annexed to the application, it's observed prima facie that a cognizable offense is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that require adjudication based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. 5. It is well-settled that the inherent powers under Section 482 Cr.P.C. are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient grounds have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. 6. In view of the foregoing, the application under Section 482 Cr.P.C. is devoid of merits, and is accordingly dismissed. Order Date :- 21.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad