Neutral Citation No. - 2025:AHC:21963 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2215 of 2025 Applicant :- Naresh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kapil Tiwari, learned counsel for the applicants, who are three in number, and Sri Moti Lal, learned A.G.A., who appears for the State of U.P. 2. This is an application U/s 482 CrPC filed by the applicants for quashing the entire proceeding of Case No. 6038 of 2024 (State Vs. Naresh and others), Charge Sheet No.207 of 2024 dated 23.05.2024 arising out of Case Crime No.176 of 2024, under Sections 308, 452, 323, 504 IPC, P.S. Bahjoi, District Sambhal, as well as cognizance/summoning order dated 06.09.2024 pending in the Court of Chief Judicial Magistrate, Sambhal at Chandausi. 3. Learned counsel for the applicant submits that a first information report stood lodged against the applicants by the O.P. No.2 purported to be under Sections 452, 323 and 504 IPC on 19.04.2024 being FIR No.0176 relatable to the commission of offences on 18/19.04.2024 whereby when the O.P. No.2 had gone for doing irrigation activity late in the night, then the applicants attacked him and when he went back to his house, then again the accused herein with the aid of lathi also inflicted injuries. Learned counsel for the applicants submits that the injuries are not so, so as to commit any offence. He further seeks to invite attention of the Court towards Page No.67 being F.I.R. dated 20.04.2024 under Sections 323, 504, 506, 34 IPC, P.S. Bahjoi, District Sambhal relatable to the commission of offence on 18.04.2024 by the O.P. No.2 faction, whereby they also attacked. Submission of learned counsel for the applicant is that it is nothing but a malicious prosecution and the same is a counterblast. 4. Learned A.G.A. on the other hand submits that the FIR lodged by the O.P. No.2 is dated 19.04.2024 and the FIR lodged by the applicants is 20.04.2024. He further submits that injuries have been sustained, which show that the offences have been committed. 5. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that the offences have been committed and further there is injury report also. Apart from the same, so far as the contention raised by the applicants with regard to the fact that he is innocent and he has not committed any offence cannot be gone into the proceedings under Section 482 of the CrPC particularly, in view of the fact when the trial has not commenced, in the background of the dictum in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, AIR 2021 SC 1918. 6. In view of the same, this Court declines to interfere in the present proceedings. 7. The application is accordingly dismissed. At this stage, learned counsel for the applicants submits that a direction be issued for consideration of the bail. 8. This Court has no reason to disbelieve that in case applicants move appropriate proceedings before the court below for enlargement of bail, then the same may be decided with most expedition in accordance with the law of the land. Order Date :- 17.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad