LAWS(ALL)-2022-3-124

FAZLUR RAHMAN Vs. STATE OF U.P.

Decided On March 28, 2022
FAZLUR RAHMAN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Sushil Shukla, learned counsel for the applicants Sri Siddharth Luthra, learned Senior Counsel, assisted by Sri Rajiv Lochan Shukla and Ravikant Shukla, learned counsel for the applicant learned A.G.A. for the State and perused the record.

(2.) Criminal misc. application under sec. 482 Cr.P.C. No. 26271 of 2021 has been filed by the accused-applicants to quash the impugned order dtd. 18/1/2020, as passed by the Additional Sessions Judge, Court No. 6, Gorakhpur, in Sessions Trial No. 385 of 2019, arising out of Case Crime No. 609 of 2001, under Sec. 153-A, 153-B, 124-A, 298, 505, 120-B, IPC, Police Station Kotwali, District Gorakhpur (State Vs. Shahid Badr Falahi and others), as well as the impugned orders dtd. 19/11/2018 and 16/11/2019, passed by the State Government, granting sanction under sec. 196 Cr.P.C. against the accused-applicants for their prosecution in the aforesaid criminal case, and consequently to quash the impugned criminal proceeding.

(3.) Another application under sec. 482 Cr.P.C. No. 10551 of 2020 is filed by the co-accused Human Ahmad Siddiqui with a prayer to quash the impugned order dtd. 18/1/2020, passed by Additional District Judge, Court No. 6, Gorakhpur, in S.T. No. 386 of 2019 (State Vs. Hamam Ahmad Siddiqui), arising out of Case Crime No. 609 of 2001, under Sec. 153-A, 153-B, 124-A, 505, 298, 120-B, IPC, Police Station Kotwali, District Gorakhpur, as well as sanctioning order dtd. 19/11/2018.