RAJEEV KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 482 No. - 11501 of 2022

Rajeev Kumar And Another
                                                       .....Applicant(s)
                               Versus
State of U.P. and Another
                                                          .....Opposite
                                                                Party(s)

Counsel for Applicant(s)     : Ashok Kumar Singh, Pratibha Singh
Counsel for Opposite Party(s): G.A., Nitinjay Pandey, Rahul Gaur,
                               Ravindra Kumar Dwivedi

Court No. - 82
              HON'BLE PADAM NARAIN MISHRA, J.

1. Heard the learned counsel for the applicants and learned counsel
for the opposite party no. 2 and learned AGA for the state.

2. Present application u/s 482 of Cr.P.C. filed by the applicants
seeking quashing of the order dated 11.04.2022 passed by the
Special Judge SC/ST, Act in SST No. 469 of 2013.

3. Learned counsel for the applicants submitted that the impugned
order dated 11.04.2022 suffers from the non application of the judicial
mind. He further submitted that the impugned order has been passed
without considering the peculiar factual position of the present case.
He further submitted that the suicide note is very essential document
in the present case. He further submitted that the trial court while
dealing with the bail application of the applicants vide order dated
23.10.2009 directed that the original suicide note be send to the
S.S.P. Etah. But, the Investigating Officer has admitted that he had
received the photocopy of the suicide note. He lastly submitted that
aforesaid mistake is gross in nature and it is essential that the
explanation of the concerned S.S.P. must be called.

4. Learned AGA for the state and learned counsel for the opposite
party no. 2 has submitted that the present application has been filed
with the ulterior motive to delay the trial.

5. Having considered the rival submission of the learned counsel for
the parties and the learned AGA for the state and perusing the
                                                                                         A482 No. 11501 of 2022
                                                                  2


                                    material available on records, it transpires that the present application
                                    has been made challenging the legality of the order dated 11.04.2022
                                    passed by the Special Judge SC/ST, Act whereby rejected the
                                    application 442(B) on the ground that the application was moved as
                                    to delay the trial. It is well settled that the inherent powers of this
                                    Court under Section 482 Cr.P.C. are to be exercised sparingly, with
                                    circumspection and only in cases where there is manifest illegality,
                                    abuse of the process of law, or where interference is necessary to
                                    secure the ends of justice. In the present case, no such exceptional
                                    circumstance is made out. The impugned order does not suffer from
                                    any apparent illegality, perversity or jurisdictional error so as to
                                    warrant interference by this Court. The contentions raised by the
                                    applicants pertain to appreciation of evidence and defence of the
                                    accused, which may appropriately be considered by the trial court at
                                    the appropriate stage.

                                    6. In view of above, the present application is dismissed.

                                    February 18, 2026
                                    Israr
                                                                                (Padam Narain Mishra,J.)




Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad