LAWS(KAR)-2023-4-549

NAGESH GUNDYAL Vs. STATE

Decided On April 18, 2023
Nagesh Gundyal Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These two petitions are arising out of same crime number, therefore taken up together for disposal. The Crl.P.No.201257/2019 is pertaining to accused Nos.2 and 3 and the Crl.P.No.200660/2019 is pertaining to accused Nos.4 and 5.

(2.) The Brief facts of the case :-

(3.) It is the submission of the learned counsel for the petitioners that, there are omnibus allegations made out against the petitioners, which are considered as absurd and frivolous. Even on reading the complaint at its entirety, no prima-facie case made out against the petitioners. Such being the fact, subjecting them to face the trial upon such bald allegations, would be considered as futile exercise. The learned counsel sought to invoke the inherent jurisdiction of this Court to quash the proceedings. To substantiate his contention, he relied upon the judgment of the Hon'ble Supreme Court in the case of Kahkashan Kousar and others vs. State of Bihar and others, reported in (2022) 6 SCC 599.