Court No. - 80

Case :- APPLICATION U/S 482 No. - 8216 of 2022

Applicant :- Gussu@ Mohd Ezaz Sarvar Khan

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Abhay Krishn

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Abhay Krishn, learned counsel for applicant and

learned A.G.A. for State.

This application under section 482 Cr.P.C. has been filed

challenging the charge sheet dated 12.10.2009, submitted in

Case Crime No. 160 of 2009 (State of U.P. Vs. Sartaz Ahmad

and Others) under Sections 294, 504, 506, 352 and 336 IPC,

Police Staton- Utraon, District Allahabad, Cognizance Taking

Order dated 30.1.2010, passed by Additional Chief Judicial

Magistrate, Court No.4, Allahabad as well as entire proceedings

of consequential proceedings of Case No. 214 of 2010 (State of

U.P. Vs. Sartaz Ahmad and Others) under section 294, 504, 506,

352, 427, 336 IPC, P.S. Utraon, District, Allahabad, now

pending in the Court of Additional Chief Judicial Magistrate,

Court No.10, Allahabad.

Record shows that in respect of an incident which is alleged to

have occurred on 29.8.2009, a prompt F.I.R. dated 29.8.2009

was lodged by first informant and was registered as Case Crime

No. Case Crime No. 160 of 2009 under Sections 294, 504, 506,

352 and 336 IPC, Police Staton- Utraon, District Allahabad. In

the aforesaid F.I.R. In the aforesaid F.I.R. three persons namely,

Sartaj Ahmad @ Bhaiyan, Gussu, Ajeemullah have been

nominated as named accused.

After registration of aforementioned F.I.R., Investigating

Officer proceeded with statutory investigation of concerned

case crime number in terms of Chapter XII Cr.P.C. Investigating

Officer examined first informant and other witnesses under

section 161 Cr.P.C. On the basis of above and other material

collected by him during course of investigation, which is

substantially adverse to applicant, Investigating Officer

submitted charge-sheet dated 12.10.2009, whereby all the

named accused have been charge sheeted under sections 294,

504, 506, 352, 427 and 336 IPC. After submission of

aforementioned charge sheet, cognizance was taken upon same

by Cognizance Taking Order dated 30.1.2020. Resultantly

Criminal Case No. 214 of 2010 (State of U.P. Vs. Sartaz Ahmad

and Others) came to be registered.

At the very outset, learned A.G.A. raised a preliminary

objection regarding maintainability of present application. He

submits that charge sheet was submitted on 12.10.2009 and

cognizance was taken on 10.2.2010. As such, present

application is hopelessly barred by laches.

Learned counsel for applicant has invited attention of Court to

paragraph 5,6,7 and 8 of the affidavit and on basis thereof he

submits that there is no deliberate negligence or laches in filing

present application.

Having heard learned counsel for applicant, learned A.G.A. for

State and upon perusal of record, this Court finds that laches in

filing present application have been sufficiently explained.

Accordingly, laches in filing present application are ignored.

Learned counsel for applicant contends that present criminal

proceedings are not only malicious but also an abuse of process

of Court. Same are liable to be quashed by this Court. It is then

contended that the alleged incident has now taken place.

Applicant is being prosecuted on account of ulterior motive.

Per contra, the learned A.G.A. has opposed this application. He

submits that after registration of F.I.R. dated 29.8.2009,

Investigating Officer examined first informant and other

witnesses under section 161 Cr.P.C. who have supported the

prosecution story as unfolded in F.I.R. As such, at this stage, it

could not be said that there is no material to support the

prosecution of applicant.

Having heard learned counsel for applicants, learned A.G.A. for

State and upon perusal of material on record and looking into

the facts of the case,