Brijesh Kumar Tiwari @ Pankaj vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2697

UMESH CHANDRA SHARMA
Brijesh Kumar Tiwari @ Pankaj – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Dr. C.P. Upadhyay.
For the Opposite Party : G.A.,Deepak Dubey.

Table of Content
1. maintainability of section 482 application. (Para 1 , 2)
2. principles governing quashing powers under section 482. (Para 3)
3. judicial precedent on inherent powers and discharge challenges. (Para 4 , 5)
4. exceptional cases for section 482 challenges. (Para 6 , 7 , 8 , 10)

JUDGMENT

Umesh Chandra Sharma, J.

Heard Dr. C.P. Upadhyay, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the material available on record.

2. At the time of hearing of argument an objection regarding maintainability of this petition, has been raised by the learned A.G.A that since the order dated 25.11.2022, by which 19-B Discharge application has been rejected, has been challenged which is a final order, hence a revision can be preferred against such order and a petition under Section 482 Cr.P.C. is not maintainable. Contrary to that learned counsel for the appellant argued that since the entire proceeding of the aforesaid case has also been challenged, hence this petition under 482 Cr.P.C is maintainable. In support of the argument learned counsel for the applicant has relied on following citations.

3. In Amit Kapoor v. Ramesh Chander