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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33165 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Arvind Kumar Srivastava, Advocate holding brief of Mr. Vishal Singh, learned counsel for the applicants and Mr. B.P. Singh, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the entire proceedings of Criminal Case No.- 722 of 2024 (State Vs. Sudhir and others) arising out of Case Crime No.- 349 of 2023 under Sections 147, 148, 149, 323, 504, 307 I.P.C. and Section 7 Criminal Law Amendment Act, P.S.- Babugarh, District- Hapur pending in the Court of learned Judicial Magistrate-I, Hapur. 3. It is contended by the learned counsel for the applicants that the present prosecution is an abuse of process of Court as 26 persons have been named in the first information report and charge sheet has ben submitted against 20 persons. It is further contended that no one has received any injury in the incident. Learned counsel further refers to the statement of one Nitin recorded by the Investigating Officer under Section 161 Cr.P.C. in which he has stated that some of the accused including applicant no.3 were wrongly implicated in this case as they were not present at the place of occurrence. Some of the named persons were not present at the place of occurrence. 4. On the other hand, learned A.G.A. submits that the incident of firing and brick pelting took place between two groups of persons and the applicants are named in the F.I.R. after investigation charge sheet has Versus Counsel for Applicant(s) : Ravindra Pratap Singh, Vishal Singh Counsel for Opposite Party(s) : G.A. Rajiv And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
been submitted against them. Learned A.G.A. further submits that the applicants have failed to show that any witness has stated that they were not present at the place of occurrence. 5. The first information report has been lodged against 26 named persons including applicants and after investigation charge sheet has been submitted against 20 persons including the applicants and incident of firing took place between two groups. Police has recovered empty cartridges. The applicant has failed to show any abuse of process of Court by the order impugned. 6. In view of above, the application lacks merit and is liable to be dismissed. 7.
Accordingly, the application is dismissed. September 9, 2025 Virendra A482 No. 33165 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad