Allahabad High Court
Sumit Agarwal vs State Of U.P. Thru. Prin. Secy. Home And ... on 20 May, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 2842 of 2022 Applicant :- Sumit Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Naved Ali,Vikas Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Sri Vikram Singh, learned counsel for the applicant and Sri Nishant Srivastava, learned counsel for the Informant as well as Sri Santosh Kumar Mishra, learned AGA for the State and also perused the material available on record.
By means of the application under Section 482 Cr.P.C., the applicant has invoked inherent jurisdiction of the Court with a prayer to quash the order dated 20.4.2022 passed by the learned Special Judge, POCSO Act, Lucknow rejecting the application dated 19.4.2022 moved by the applicant u/s 207 and 208 read with 91/294 Cr.P.C. seeking a copy of Compact Disc as well as copy of CDR collected by the Investigating Officer during investigation.
Learned counsel for the applicant has stated that the impugned application dated 19.4.2022 has been moved to fetch the CCTV footage and CDR pertaining to support the defence of alibi taken by the applicant.
On the other hand, Sri Nishant Srivastava, learned counsel for the Informant as well as Sri Santosh Kumar Mishra, learned AGA have vehemently opposed the application on the ground that the applicant was enlarged on anticipatory bail on the ground of the said CCTV footage itself and the CDRs have been referred in parcha no.12 of the case diary. The applicant has the said CCTV footage available with him. He has further stated that all the documents have already been served to the applicant u/s 207 Cr.P.C. The instant application has been filed only to cause delay in trial. Learned counsel for the Informant has further stated at Bar that the discharge application has already been dismissed on merits and the applicant is not cooperating in trial.
Considering the aforesaid facts and circumstances of the case, perusing the material available on record and also the rival submissions advanced by the parties, this Court finds that the order passed by the learned court below is correct and does not suffer from any illegality.
The application is found devoid of merits and is, accordingly, dismissed.
Order Date :- 20.5.2022 Siddhant