Neutral Citation No. - 2025:AHC:79874 Court No. - 84 Case :- APPLICATION U/S 482 No. - 34407 of 2024 Applicant :- Amit Mishra And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 18.09.2023; summoning order dated 16.01.2024 as well as entire criminal proceedings of Case No.3455/2024 (State of U.P. Vs. Amit Mishra and others) arising out of Case Crime No.285/2023,Under Sections 147, 323, 427, 504 and 506 I.P.C., Police Station Lanka, District Varanasi. 3. Instant F.I.R. is counter blast to the F.I.R. lodged by the applicants against the opposite party no. 2. Civil dispute is pending between the parties. It is next submitted that no offence under the aforesaid sections against the applicants, is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The injuries are self inflicted and it has been received two months back. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that informant has received injuries and medical examination report is supporting the prosecution case. Prima facie, offence is made out against the applicants. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. 8. However, if the applicants surrender before the concerned Court below within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 15.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad