AVINASH SINGH ALIAS GODHAN ALIAS AVINASH KUMAR SINGH v. STATE OF U.P. AND ANOTHER
A482/20829/2024 · 2025-03-10
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71533 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71533 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36835 Court No. - 76 Case :- APPLICATION U/S 482 No. - 20829 of 2024 Applicant :- Avinash Singh Alias Godhan Alias Avinash Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. None has appeared on behalf of the applicant to press the application even in the revised call, nor any adjournment slip has been submitted on behalf of the applicant. 2. However, learned A.G.A. for the State-respondent is present. 3. The matter was previously listed on two occasions. On the first date, the matter was adjournment at the request of the learned counsel for the applicant. On the subsequent date, it was made clear that no further adjournment would be granted and that, in case of non-appearance, the matter would be decided on merits with the assistance of the learned A.G.A. Despite being afforded sufficient opportunity, the applicant has failed to appear. Therefore, the matter is being decided with the assistance of the learned A.G.A.
4. Heard learned A.G.A. for the State-respondent and perused the record. 5. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 18.05.2024, passed by the learned Additional Sessions Judge, IVth, Ballia, in Sessions Trial No. 75 of 2021 titled State v. Avinash Singh alias Godhan, arising out of Case Crime No. 0241 of 2020, registered under Section 8/20 of the NDPS Act, Police Station Nagra, District Ballia, which is
pending before the learned Additional Sessions Judge, IVth, Ballia. 6. The applicant has contended in the application that he has been falsely implicated in the instant case due to ulterior motives and malafide intention on the part of the police. It is alleged that one kilogram of Ganja was recovered from his possession. However, the applicant claims that no independent witness has supported the prosecution's version, and that the investigation was neither fair nor impartial. It is further alleged that the charge sheet was filed on the basis of a tainted and biased investigation, and the learned Additional Sessions Judge took cognizance in a mechanical manner without applying judicial mind. On these grounds, the applicant prays for quashing of the impugned order and seeks opportunity to produce certain documents in his defence. 7.
On the contrary, learned A.G.A. has vehemently opposed the application and submitted that the applicant was apprehended on the spot and one kilogram of Ganja was recovered from his possession. The charge sheet was filed after a fair and thorough investigation, and there exists sufficient material to justify the trial. Therefore, the prayer for quashing the impugned order is misconceived and without any basis. 8. After carefully considering the submissions made by the learned A.G.A. and perusing the material on record, it is evident that the
contentions raised by the applicant involve disputed questions of fact, which can only be adjudicated during the trial. The inherent jurisdiction under Section 482 Cr.P.C. is to be exercised with caution and circumspection and only to prevent abuse of the process of law or to secure the ends of justice. No valid ground is made out for invoking the inherent jurisdiction to quash the impugned order.
9. Accordingly, the application, being devoid of merit, is hereby dismissed.
Order Date :- 11.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad