Neutral Citation No. - 2025:AHC-LKO:2477
Court No. - 12
Case :- APPLICATION U/S 482 No. - 278 of 2025
Applicant :- Qazi Ajmal Hussain
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.
And Another
Counsel for Applicant :- Avinash Pratap Singh,Piyush Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned AGA for the State
and learned counsel for the private-opposite party.
2. Instant application under Section 482 Cr.P.C. read with Section 528
Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been
preferred by the applicants with the following prayer:-
"To quash the charge sheet dated 25.03.2022 along with summoning
order dated 07.10.2022 & the entire consequential proceedings
thereof in Case Crime No. 56/2022, Under Sections 420, 406, 504,
506 I.P.C., Police Station Jankipuram, Lucknow, pending before the
learned court of ACJM 5, Lucknow."
3. Taking note of the fact that on 07.04.2011, the husband of the
informant expired and after the death of the husband of the informant,
the applicant based upon a registered Power of Attorney executed by
the deceased, executed various sale deeds uptil 2016 as also that the
general rule is that a power of attorney become invalid upon the death
of principal and in other words, the general principle is that upon the
principal's death, the authority granted to attorney (agent) ceases to
exist (see Section(s) 201 and 202 of The Indian Contract Act, 1872),
this Court is not inclined to entertain the present application.
4. It is accordingly disposed of with liberty to applicant to prefer an
application, if so chooses, seeking discharge before the concerned
Magistrate in the light of the judgment relied upon by the applicant of
the Hon'ble Apex Court passed in the case of Delhi Race Club (1940)
Ltd. and others vs. State of U.P. and others, 2024:INSC:626; 2024
SCC Online SC 2248 and Lalankumar Singh and others Vs. State of
Maharashtra, (2022) SCC OnLine SC 1383.
5. With the aforesaid, the instant application is disposed of.
Order Date :- 15.1.2025
G. Singh/ Anand/-