Khursheed Hafiz @ Mohd Khursheed Raza v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36853 of 2023 Applicant :- Khursheed Hafiz @ Mohd Khursheed Raza Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Anup Kumar Srivastava, learned counsel for the applicant, Sri Anis Kumar Upadhyay, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as charge sheet dated

12.08.2021 including the cognizance order dated 02.08.2022 in Case No.1436 of 2022 arising out of Case Crime No.124 of 2021, under Sections 188, 153-A, 171-H IPC and Section 3 of the Epidemic Diseases Act, 1897, Police Station Manda, District Allahabad.

¶3Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the present case and there is no independent witness regarding participation of the applicant in illegal procession.

¶4From perusal of record, it appears that the applicant was identified on the basis of CCTV footage, therefore no case for quashing of the proceeding is made out.

¶5Accordingly, the present application is dismissed.

¶5However, it is provided that in case, the applicant files discharge application before the court concerned, the same shall be decided expeditiously, strictly in accordance with law. Order Date :- 19.10.2023 A.Kr. High Court of Judicature at Allahabad