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Neutral Citation No. - 2025:AHC:56893 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21389 of 2024 Applicant :- Mohd Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Tiwari,Atiul Raza Khan 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 under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet no.514 of 2020 dated 13.10.2020, cognizance/summoning
order dated 02.01.2021 as well as the entire proceedings of Case No.1915 of 2021 (State vs. Mohd. Ali) arising out of Case Crime No.620 of 2020, under section 25(9) of Arms Act, P.S. Kharkauda, District- Meerut, pending in the court of learned Additional Chief Judicial Magistrate Vth, Meerut.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is 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 including the impugned charge-sheet and cognizance/summoning order are 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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned 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 charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant; whereas the grounds whatsoever has been taken up by learned counsel for the applicant will be applicable in favour of applicant at the relevant stage and the applicant is already on bail.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed.
Order Date :- 17.4.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad