Amar Bind v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 42594 of 2023 Applicant :- Amar Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ulajhan Singh Bind,Dhirendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant being accused has approached this Court through this application under Section 482 Code of Criminal Procedure seeking quashing of the proceedings of Case No. 11 of 2022, titled State Vs. Amar Bind and others, arising out of Case Crime No. 179 of 2020, under Sections 406, 328, 120-B I.P.C., Police Station Newdiya, District Jaunpur including the charge sheet and the impugned summoning order dated 4.1.2022 passed by Civil Judge, S.D./F.T.C., Jaunpur. Learned counsel for applicants submits that the F.I.R. is absolutely vague and would not disclose commission of any offence and despite that, after completion of investigation, the police filed final report indicting the accused-applicants and sent them to face trial for alleged commission of above mentioned offences. During the course of hearing, it is fairly stated by learned counsel that the final report is pending consideration before the trial court. Upon hearing the learned counsel for applicants and considering his submissions, this Court keeping in view the nature of offences, does not find it to be a fit case for exercise of inherent powers under Section 482 Cr.P.C. as the issues and the grounds raised in this application can also be effectively raised by them before the court at the stage of consideration of the final report. The application fails and is dismissed. Order Date :- 22.11.2023 P.S.Parihar High Court of Judicature at Allahabad