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2025 DAILYLAW 104331 (ALL)

ASHISH MALIK @ VIKKI AND 2 OTHERS v. State of UP AND ANOTHER

A482/35283/2024 · 2025-08-07

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134733 Court No. - 72 Case :- APPLICATION U/S 482 No. - 35283 of 2024 Applicant :- Ashish Malik @ Vikki And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tiwari 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/opposite party no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the Charge-Sheet dated 17.09.2023; cognizance order dated 30.09.2023 as well as entire Criminal proceedings of Case No.7286/2023 (State Vs. Ashish @ Vikki and others) Case Crime No.0219/2023, under Sections 323, 506 & 325 I.P.C. Police Station Dankaur, District Greater Noida (Commissionarate Gautam Buddha Nagar), pending in the Court of Additional Chief Judicial Magistrate, First, Gautam Budhha Nagar. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. As per F.I.R. allegation, named accused persons assaulted the injured with iron rod as a result he received grievous injury. There is no specific role assigned to the applicants. The F.I.R. allegation is false, baseless and not supported by any evidence. On perusal of F.I.R. as well as evidence collected during investigation, no criminal offence is made out against the applicants. The learned Magistrate without applying judicial mind took cognizance and issued summons against the applicants. 4. On the other hand, learned A.G.A. vehemently opposed the aforesaid prayer and submitted that on perusal of the order sheet, it is apparent that proceedings was at the stage of framing of charge. At about nine years have been passed, charges would have been framed. Moreover, submissions raised by the counsel for the applicants are disputed question of facts which cannot be considered, at this stage and injured has received grievous injury. 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. Order Date :- 8.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad