Anju Singh @ Hari Singh vs. State Of U.P. And Another
Held
The Court held that the prayer made in the application could not be granted. The reasoning was based on the entirety of the facts and circumstances of the case, particularly noting that the non-bailable warrant had been in effect against the applicant since March 23, 2010, and the matter related to the year 2010. The Court found the application to be devoid of merits. Consequently, the application was dismissed. No specific issues were framed as questions of law, and the Court did not delve into the merits of the GST proceedings or the Gangsters Act case itself, focusing solely on the procedural aspect of the application to quash.
Facts
The applicant, Anju Singh @ Hari Singh, filed an application under Section 482 CrPC seeking to quash proceedings in GST No. 387 of 2012, stemming from case crime no. 334 of 2007 under Section 2/3 of the Gangsters Act. The charge sheet was filed on November 28, 2007, and a non-bailable warrant was issued against the applicant on March 23, 2010. The proceedings were pending before the Additional Sessions Judge, Court No. 7, Mainpuri. The State of U.P. and another were the opposite parties. The matter related to the year 2010, with the non-bailable warrant outstanding since March 23, 2010.
Key Issues
1. Whether the application under Section 482 CrPC, seeking to quash proceedings related to GST No. 387 of 2012 and a charge sheet under the Gangsters Act, should be granted, considering the long-standing non-bailable warrant. The applicant's counsel argued for the quashing of the proceedings. The State's counsel, the learned AGA, did not present specific arguments beyond opposing the application. The Court considered the entire facts and circumstances and the submissions made by the applicant's counsel.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 52 Case :- APPLICATION U/S 482 No. - 9862 of 2021 Applicant :- Anju Singh @ Hari Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar,Rakesh Kumar Rathore Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Present application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings of GST No. 387 of 2012, arising out of case crime no. 334 of 2007, under Section 2/3 Gangsters Act, P.S. Kishni, District Mainpuri, charge sheet dated 28.11.2007, and non bailable warrant dated 23.3.2010 pending before Additional Sessions Judge, Court No.7, Mainpuri.
Heard Shri Sanjeev Kumar, learned counsel for the applicant as well as the learned AGA through video conferencing and perused the entire record.
From a perusal of the record, it is evident that present matter relates to the year 2010. Non-bailable warrant is going on against the applicant since 23.3.2010. Hence, having regard to the entire facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, prayer made in the application cannot be granted.
The application being devoid of merits is liable t
The judgment continues below.
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