Allahabad High Court
RAMCHARANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 482, Cr.P.C. was dismissed as it was not pressed.
Summary
Ramcharan filed an application under Section 482 of the Criminal Procedure Code seeking to quash the entire proceedings of Criminal Case No. 503 of 2007, which involved alleged violations of Sections 135 and 138 of the Electricity Act. The application was filed after a preliminary order for framing charges had been passed on 13 September 2011. The applicant’s counsel later indicated that he did not wish to pursue the present application and would instead file a suitable application before the appropriate court. The High Court, after hearing the parties, dismissed the Section 482 application on the ground that it was not pressed. The court granted the applicant liberty to file a proper application before a competent jurisdiction and ordered the return of the certified copy of the documents.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482, Cr.P.C. in the present circumstances
- Whether the application under Section 482 was pressed and therefore maintainable
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Electricity Act, 2003 — s. 135, 138
Subjects
- Section 482
- quash of criminal proceedings
- Electricity Act
- preliminary charge framing
- high court jurisdiction
- application not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 1660 of 2025
Ramcharan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Sharan Tripathi
Counsel for Opposite Party(s) : Alok Mishra, G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Anupam Kumar Shukla, Advocate holding brief of Shri Shiv Sharan
Tripathi, learned counsel for the applicant, Shri Alok Mishra, learned A.G.A.
for the State, Shri Alok Mishra, learned Standing Counsel for the Power
Corporation and perused the material on record.
The present application under Section 482, Cr.P.C. has been filed by the
applicant to quash the entire proceedings of Criminal Case No. 503 of 2007,
arising out of case crime No. 830 of 2007, under Sections 135, 138 of
Electricity Act, Police Station- Tappal, District Aligarh as well as
cognizance/summoning order dated 17.12.2007 and orders dated 13.9.2011
and 15.9.2011, whereby charge has been framed, pending in the court of
Special Judge (E.C. Act), Aligarh.
Learned counsel for the applicant fairly admits that on 13.9.2011,
preliminary order for framing charges has been passed.
After some arguments, learned counsel for the applicants does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
May 6, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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