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Allahabad High Court

RAMESH CHANDRA SHUKLA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application for quash of the cognizance order under Section 482 CrPC is dismissed.

Summary

The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the cognizance order dated 20‑11‑2019 issued by the Additional Session Judge, Special Judge (Gangster Act), Fatehpur, in a case arising under Sections 2 and 3 of the U.P. Gangster Act. The High Court examined the record and observed that, on the material before it, an offence appears to have been made out against the applicants and the disputes are purely factual, which cannot be decided at this interlocutory stage. Consequently, the Court held that the power under Section 482 could be exercised only where there is a clear failure of justice or abuse of process, which was not the case here. The prayer to quash the cognizance order was therefore declined. The Court directed that if the applicants are not on bail they may apply for bail within 45 days, and any discharge application should be decided by the trial court within six weeks, with no coercive measures to be taken during this period.

Issues considered

  • Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash the cognizance order in the special trial under the U.P. Gangster Act.
  • Whether there is a failure of justice or abuse of process warranting the exercise of Section 482.

Legislation cited

Subjects

  • Section 482
  • quash
  • cognizance order
  • U.P. Gangster Act
  • bail
  • discharge application
  • high court
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 3196 of 2021

Ramesh Chandra Shukla And Another
                                                               .....Applicant(s)
                                     Versus

State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)               :   Ajay Pandey, Shivam Pandey
Counsel for Opposite Party(s)          :   G.A.

Court No. - 80
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Shivam Pandey, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed with a
prayer to quash the Cognizance Order dated 20.11.2019 passed by learned
Additional Session Judge, Court No. 9/Special Judge Gangster Act,
Fatehpur, Chargesheet dated 07.10.2019 in Special Trial No. 30 of 2019
(State Vs. Ramesh Chandra Shukla and others) arising out of Case Crime
No. 112 of 2019, under Section 2/3 U.P. Gangster Act, Police Station-
Kisanpur, District-Fatehpur, pending in the court of learned Additional
Session Judge, Court No. 9/Special Judge Gangster Act, Fatehpur and to
stay the further proceedings of the aforesaid Special Trial.

3. From the perusal of the material on record and looking into the facts of
the case, at this stage, it cannot be said that no offence is made out against
the applicants. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse
of procedure, this power may be exercised to prevent the abuse of process
to secure the ends of justice.

4. Accordingly, prayer for quashing is declined.

5. In case, the applicants are not on bail, it is directed that if the applicants
appear or surrender through counsel before the Trial Court and make an
                                                                                              A482 No. 3196 of 2021
                                                                       2


                                    application for bail within 45 days from the date of the order, the same
                                    shall be considered and disposed of expeditiously, after giving
                                    opportunity to the other side.

                                    6. Further, it is provided that in case the applicants move an application for
                                    discharge at an appropriate stage through counsel, the same shall be disposed
                                    of by the Trial Court by a reasoned and speaking order in accordance with
                                    law within six weeks thereafter.

                                    7. For a period of 45 days or till the disposal of the discharge application,
                                    whichever is earlier, no coercive measures shall be taken against the
                                    applicants in the aforesaid case.

                                    8. With the aforesaid direction, this application is disposed of.



                                                                                      (Nand Prabha Shukla,J.)
                                    September 23, 2026
                                    Shivani Sri.




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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