Qazi Ajmal Hussain v. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another

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/-