Allahabad High Court
Sohanveer @ Sonu vs State Of U.P. And Another on 17 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:142648 Court No. - 35 Case :- APPLICATION U/S 482 No. - 25335 of 2023 Applicant :- Sohanveer @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Dilip Kumar Singh, learned counsel for the applicant and learned A.G.A, who appears for the State.
2. This is an application under Section 482 of Criminal Procedure Code, 1973 (hereinafter referred to as 'CrPC') preferred by the applicants for quashing the Charge sheet dated 4.07.2022 as well as cognizance order dated 22.07.2022 in Case Crime No.0410 of 2021 under Section 2/3 of U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, Police Station Shahpur, District Muzaffar Nagar pending in the court of Special Judge (Gangster Act), ADJ-Court no.5, Muzaffar Nagar.
3. Learned counsel for the applicant submits that the only ground on which criminal proceedings has been inflicted is with relation to his involvement in case Crime No. 219 of 2021 under Section 302/34 I.P.C. Police Station Shahpur, District Muzaffar Nagar in which he was enlarged on bail on 5.6.2023 in criminal Misc bail application 52995 of 2021. It is the further submission of the learned counsel for the applicant that the applicant was in jail since 1.7.2021 and during his confinement in jail now the present proceedings have been lodged.
4. Learned AGA on the other hand submits that might be the applicant has been enlarged on bail that does not wipe off criminal proceedings and even in fact on the basis of a solitary criminal case the provision of Gangster Act can be invoked. It is further pointed out by the learned AGA that the applicant has not pointed out any jurisdictional error so as to seek any interference as whatevermight be the stand of the applicant, they are the matter of defence, which cannot be gone into the present proceeding, particularly when the trial is yet to commence, as the entire arguement centers around the factual aspects. Learned A.G.A, further relied on the judgment of the Hon'ble Apex Court in the case ofM/S Neeharika, Infrastructure Pvt. Ltd. vs. State Of Maharashtra and othersreported inAIR 2021 SC 192, in which the Hon'ble Apex Court has clearly mandated that at a pre-trial stage, this Court in exercise of jurisdiction under Section 482 CrPC cannot embark upon the factual enquiry with regard to the merits of the allegations, as they are subject matter of trial.
5. This Court declines to grant interference in the matter.
6. Needless to say that if the applicants prefer the application seeking bail, the court below shall consider and decide the same with most expedition, as per law existing on land without being obsessed or influenced by any of the observations made hereinabove.
7. Accordingly, this 482 application isconsigned to record.
Order Date :- 17.7.2023 Vipul