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Neutral Citation No. - 2025:AHC:123208 Court No. - 77 Case :- APPLICATION U/S 482 No. - 29854 of 2024 Applicant :- Siddharth Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Mulayam Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Nishant Kumar Singh, Advocate holding brief of Sri B.K. Prasad,
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 charge-sheet dated 27.09.2023, cognizance dated 07.11.2023 as well as the entire proceedings of Special Case No.928 of 2023 (State vs. Shyam Babu Sonkar and Others) arising out of Case Crime No.89 of 2023, under sections 8/21 of N.D.P.S. Act, 1985, P.S. Karma, District- Sonbhadra, pending in the court of learned Additional Session Judge/Special Judge (SC/ST Act), Sonbhadra.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record and considering the same the applicant has already been bailed out and apart from this, applicant has no criminal history to his credit; 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 rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and considering the instructions so received by learned A.G.A. that there is no criminal history credited in favour of applicant, applicant is hereby at liberty to appear and co-operate with the learned trial court through counsel in the instant matter.
6. With the aforesaid observation, this application stands disposed of.
Order Date :- 25.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad