SHAILENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and Sri Arvind Kumar Tripathi, learned AGA for the State and perused the record.

(2.) Present application under Sec. 482 CrPC has been filed with the following prayer:-

(3.) The contention of the learned counsel for the applicants is that from the material collected during investigation no case is made out against the applicants as the allegations made are absolutely vague. He further submitted that though the charges have been framed on 23/6/2018, the applicants are also released on bail in the impugned proceedings. In support of his case, for delayed filing of the present application after almost about more than nine year, he has relied upon judgement of Hon'ble Apex Court in the case of Rajiv Thapar and others Vs. Madan Lal Kapoor, reported in 2013 AIR SCW 784, and has relied upon paragraph 22 and 23 of the judgement in which Hon'ble Apex Court observed that Jurisdiction of High Court under Sec. 482 CrPC can be exercised to quash the proceeding even at the stage of issuance process or at the stage of committal or even at the stage of framing of charges, therefore merely filing an application after the delay of more than nine years will not prevent the Court from exercising its power under Sec. 482 CrPC. Paragraph 22 and 23 of the judgement are quoted hereunder:-