SHAFIQ @ PATI AND 3 OTHERS v. State of UP AND ANOTHER
A482/39078/2024 · 2025-02-27
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96776 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28342 Court No. - 71 Case :- APPLICATION U/S 482 No. - 39078 of 2024 Applicant :- Shafiq @ Pati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Sen Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Indra Sen Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Shafiq @ Pati And 3 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-
"It is, therefore, Most Respectfully prayed that this Hon'ble graciously be pleased application and quash to Court may allow this the entire proceeding of S.T. No.966 of 2012 (State Vs. Shafiq @ Pati and others) Case Crime No.66 of 2012, Under Section 147, 148, 452, 302, 307, 323, 504, 506 I.P.C., Police Station-Phalawada, District Meerut, pending in the Court of Additional Session Judge Court No.2, Meerut. It is further prayed that this Hon'ble Court may pleased to stay the further proceeding of the S.T. No.966 of 2012 (State Vs. Shafiq @ Pati and others) Case Crime No.66 of 2012, Under Section 147, 148, 452, 302, 307, 323, 504, 506 I.P.C., Police Station-Phalawada, District Meerut, pending in the Court of Additional Session Judge Court No.2, Meerut."
4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that trial is at an advanced stage i.e. at the stage of hearing. He therefore, submits that in view of above, this
application under Section 482 Cr.P.C. at this belated stage is wholly misconceived and therefore liable to be dismissed. 5. When confronted with above, the learned counsel for applicants has tried to impress upon the Court by pointing out that there are various defects in the trial as court below has proceeded to take cognizance upon the charge sheet/police report submitted by the Investigating Officer in ignorance of the provisions contained in Sections 157, 158, 159, 174, 176 Cr.P.C. and Regulation 101 of the U.P. Police Regulation Act, 1861. 6.
Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. As such, no interference is warranted by this Court in present application under Section 482 Cr.P.C.
7. As a result, present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 28.2.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad