Allahabad High Court
Shane Ali Khan Urf Shanu And 5 Others vs State Of U.P. And Another on 11 April, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:54345 Court No. - 74 Case :- APPLICATION U/S 482 No. - 13241 of 2024 Applicant :- Shane Ali Khan Urf Shanu And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Irshad Ahmad, learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of impugned charge-sheet no. 144 of 2022 dated 16.12.2022, cognizance order dated 03.10.2023, summoning order dated 29.01.2024 as well as the entire proceedings of Case No.41614 of 2023 (State vs. Shane Ali and Others) arising out of Case Crime No.114 of 2022, under sections 34, 107, 147, 285, 153A, 153B, 188, 291, 505(2) I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Mughalpura, District- Moradabad, pending in the court of learned Judge Small Causes Court/Additional Chief Judicial Magistrate, Moradabad.
3. It is the case of applicant that initially an F.I.R. has been lodged against the applicant nos.1 to 3 and and one unknown person in Case Crime No.0114 of 2022, under sections 34, 107, 147, 285, 153A, 153B, 188, 291, 505(2) I.P.C. and section 7 of Criminal Law Amendment Act, wherein during the course of investigation name of applicant nos.4, 5 and 6 came into light and thereafter charge-sheet has been submitted against the applicants on dated 16.12.2022, whereupon cognizance has been taken up by learned court concerned vide order dated 03.10.2023 and applicants were summoned vide order dated 29.01.2024, which impugned the present petition.
4. While raising argument, learned counsel for applicants sought the attention of Court over the averments made in the affidavit filed in support of this application as well as over the judgement rendered by co-ordinate Bench of this Court in Application under section 482 Cr.P.C. No.849 of 2020 (Surendra Vikram Singh @ Punjabi Singh and Others vs. State of U.P. and Another) decided on 14.07.2022, wherein similar issue has been dealt and the proceedings initiated against the applicant therein has been quashed, the said order is kept on record and as such the considering the above order, the entire proceedings initiated against the applicant in the instant matter is liable to be quashed by this Court.
5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant, but at the same time he could not dispute the above order as mentioned by learned counsel for applicant.
6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal or record as well as considering the order dated 14.07.2022 passed by co-ordinate Bench of this Court, this Court finds that continuance of the proceedings which has been lodged for political reasons is not sustainable and therefore, it would be in the interest of justice to quash the impugned proceedings.
7. In view thereof, the instant application is hereby allowed and the entire proceedings of Case No.41614 of 2023 (State vs. Shane Ali and Others) arising out of Case Crime No.114 of 2022, under sections 34, 107, 147, 285, 153A, 153B, 188, 291, 505(2) I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Mughalpura, District- Moradabad, pending in the court of learned Judge Small Causes Court/Additional Chief Judicial Magistrate, Moradabad along with charge-sheet no. 144 of 2022 dated 16.12.2022, cognizance order dated 03.10.2023 as well as summoning order dated 29.01.2024 are hereby quashed and set-aside.
Order Date :- 11.4.2025 Saif