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2025 DAILYLAW 101641 (ALL)

HARVANSH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/34633/2024 · 2025-05-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74694 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34633 of 2024 Applicant :- Harvansh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Ravi Prakash Srivastava, Advocate holding brief of Sri Pradeep Kumar Srivastava, learned counsel for opposite party no.2. 2. The instant application under section 482 Cr.P.C. has been preferred to quash charge-sheet no.16/24 dated 22.01.2024, cognizance/summoning order dated 02.04.2024 as well as the entire proceedings of Criminal Case No.13656 of 2024 (State vs. Harvansh and Another) arising out of Case Crime No.0378 of 2023, under sections 30, 25(9) of Arms Act, P.S. Kotwali, District- Budaun, pending before learned Chief Judicial Magistrate, Budaun. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. as well as learned counsel for opposite party no.2 vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and as such prima-facie offence has been made out against the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. 7. However, the applicants will be at liberty to avail all the other legal remedies available at law. Order Date :- 8.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad