Uttarakhand High Court
C482/1181/2011 of VIJAY SINGH FARTYAL Vs STATE OF UTTARAKHAND AND ANR on 29 December 2011
of 2011 Hon'ble Prafulla C. Pant, J. Shri S.K.Mandal, Advocate, present for the petitioner. Shri B.S.Parihar, Brief Holder, present for the State. By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Special Sessions Trial No. 11
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Arguments
C482 No.1181 of 2011
'Honble Prafulla C. Pant, J.
Shri S.K.Mandal, Advocate, present for the petitioner.
Shri B.S.Parihar, Brief Holder, present for the State.
By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Special Sessions Trial No. 11 of 2011, State vs. Vijay Fartiyal, relating to offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985.
1.585 kilogram Cannabis (CHARAS)
said to have been recovered from the applicant.
Learned counsel for the applicant pleaded that without there being any material charge has been framed by the trial court. It is further submitted that applicant is innocent.
However, factual pleas raised by the petitioner can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. In the facts and circumstances of the case this court is not inclined to interfere with the trial of the case.
Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed summarily.
(P.C.Pant, J.)