The Lucknow Bench of the Allahabad High Court has rejected an application of Shahid Manzoor, Samajwadi Party MLA seeking quashing of a charge-sheet filed in the Alaya Apartment collapse case.
A Single Bench of Justice Subhash Vidyarthi passed this order while hearing an application under section 482 filed by Shahid Manzoor.
The bail application under Section 482 Cr.P.C has been filed seeking quashing of the charge-sheet dated 21.04.2023 filed by the investigating officer against the applicant in Case under Sections 323, 308, 410, 304, 120B IPC, 7 Criminal Law Amendment Act, Police Station Hazratganj, District Lucknow.
Counsel for the applicant has submitted that the applicant is not named in the FIR and he has absolutely no concern with the building, Alaya Apartment, which has fallen down and he has been falsely implicated in the case.
A.G.A has vehemently opposed the application and he has submitted that numerous witnesses have stated that it was the applicant himself who was physically present and the concrete beam was removed on his instructions and his supervision.
“Charge-sheet can only be quashed if a trivial offence is not made out on the basis of prosecution case and correctness of the allegations cannot be gone into by the Court while deciding the application under Section 482 CrPC”, the Court said while rejecting the application.