Allahabad High Court
Amit Sharma And Another vs State Of U.P. And Another on 18 February, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:23862 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1212 of 2025 Applicant :- Amit Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Wahid Jamal, Advocate, holding brief of Mr. Sunil Kumar, the learned counsel for applicants and the learned A.G.A. for State.
2. Perused the record.
3. Applicants-Amit Sharma And Another, 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 court may graciously be pleased to quash the Charge Sheet dated 28.06.222 as well as impugned impugned cognizance order dated 13.07.2022 and entire proceeding of Session Case No. 303 of 2023 (State Vs. Amit Sharma & Another) arising out of case Crime No.9 of 2022 under sections 376,417,420,504, 506 1.P.C., Police Station -Gaur, District Basti, pending in the Court of F.T.C. Ist / Additional Session Judge Basti.
It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding in Session Case No. 303 of 2023 (State Vs. Amit Sharma & Another) arising out of case Crime No.9 of 2022 under sections 376,417,420,504, 506 I.P.C., Police Station-Gaur, District Basti, pending in the Court of F.T.C. Ist /Additional Session Judge Basti.
And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that Court below has already framed charges against applicants vide framing of charge order dated 22.11.2023. He therefore, contends that once, the charges have been framed by Court below, then Court below is bound to answer the charges so framed one way or the other. In view of above, the veracity of proceedings now cannot be examined by this Court such a belated stage. To buttress his submissions, he has relied upon the judgment of Supreme Court in Ratilal Bhanji Mithani Vs. State of Maharashtra and Others 1979 (2) SCC 179.
5. When confronted with above, the learned counsel for applicants could not overcome the same.
6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application is 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. In view of above, no good ground exists to entertain the present application.
7. As a result, the present application fails and is liable to be dismissed.
8. It is, accordingly, dismissed.
Order Date :- 18.2.2025 Imtiyaz