Neutral Citation No. - 2025:AHC:132083 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 10) Court No. - 78 Case :- APPLICATION U/S 482 No. - 33743 of 2024 Applicant :- Mamta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelam Singh Chauhan,Rakesh Kumar Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Santosh Kumar Gupta, Advocate holding brief of Sri Rakesh Kumar Singh Chauhan, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 1782 of 2023 (Naresh vs. Mamta and others) under Section 323, 427 IPC, Police Station-Sadar Bazar, District-Agra as well as summoning order dated 31.5.2024 pending before Special Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicant submits that the instant complaint case has been lodged by the opposite party no. 2 due to a property dispute on the basis of a concocted story. It is further submitted by learned counsel for the applicants that a civil suit is also pending between the parties with regard to same property, therefore, the instant complaint has been lodged by the opposite party no. 2 to create pressure on the applicants. Hence, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned A.G.A. for the State submits that in the instant case a categorical narration is there with regard to an incident dated 23.12.2022 when the applicants tried to forcibly occupy the land in question and tried to raise illegal construction by blocking the common road for which civil suit is already pending. When it was objected by the opposite party no. 2, the applicants herein have assaulted the opposite party no. 2 and have thrown out and damaged his mobile. Thus, from the allegations as leveled which are supported by statement of witnesses under Section 200 and 202 Cr.P.C., a prima facie case under Section 323 and 427 IPC is made out against the applicants for which the applicants have been summoned vide impugned order 31.5.2024. Thus, there is no illegality in the summoning order and no interference is called for in the instant case. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. The instant complaint was lodged by the opposite party no. 2 for an incident dated 23.12.2022 where it is alleged that the applicants along with other 4-5 persons tried to raise illegal construction by blocking common road which was objected by the opposite party no. 2, and the said construction was being raised by the applicants despite their being a civil suit pending between the parties. When it was objected by the opposite party no. 2, it is alleged that the applicants have assaulted the opposite party no. 2 and has thrown out his mobile, which was damaged. In view thereof, the averments made in the complaint, which are duly supported by the statement of witnesses under Section 200 and 202 Cr.P.C., the trial court being satisfied that a prima facie case is made out has summoned the applicants for the offence under Section 323 and 427 IPC. 7. Thus, from the allegations made in the complaint, which is supported by statement of witnesses under Section 200 and 202 Cr.P.C., a prima facie case is made out against the applicants, therefore, this Court does not find any good ground for interference in the proceedings and the impugned summoning order. 8. Accordingly, the instant application is dismissed. Order Date :- 5.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad