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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMIT GOPAL
Irfan Solanki – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. prayers for quashing proceedings under the uttar pradesh gangsters act. (Para 2 , 4) |
| 2. arguments about false implication and political vengeance. (Para 5 , 6) |
| 3. conclusion regarding the dismissal of the application. (Para 7 , 12 , 13) |
| 4. conditions under section 482 cr.p.c. for quashing criminal proceedings. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
SAMIT GOPAL, J.
1. Heard Sri Imran Ullah, learned Senior Advocate, assisted by Sri Mohit Singh and Sri Vineet Vikram, learned counsels for the applicant, Sri Manish Goel, learned Senior Advocate/Additional Advocate General assisted by Sri Rupak Chaubey, learned AGA-I for the State and perused the record.
2. This application under Section 528 B.N.S.S., 2023 has been filed by the applicant Irfan Solanki with the following prayers:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present Criminal Misc. Application and to quash/set-aside the entire proceedings of S.T. No. 838 of 2023 (State vs. Irfan Solanki and others), Under Section 3(1) of the Uttar Pradesh Gangsters Act, 1986 pending in the Court of Special Judge MP/MLA/Additional Sessions Judge, Court No. 08, Kanpur Nagar
The court held that criminal proceedings cannot be quashed solely based on claims of political rivalry; substantive evidence must guide such decisions.
The court emphasized that mere suspicion is insufficient to establish a conspiracy, requiring credible evidence for proceeding against an accused.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
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