KUNDAN KUMAR AND OTHERS v. State of UP AND ANOTHER
A482/35618/2024 · 2025-09-08
Saurabh Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 104707 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104707 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35618 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State perused the record.
2. This application has been filed by the applicant to quash/set aside the orders dated 15.12.2023 as well as order dated 1.4.2024 passed by the Chief Judicial Magistrate, Hapur in Case Crime No.495 of 2021 under Sections 419, 420, 467, 468, 471 IPC and 66C IT Act, Police Station Pilkhuwana, District Hapur.
3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court.
4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that none of grounds are available for quashing of Versus Counsel for Applicant(s) .. :
Counsel for Opposite Party(s) .. :
Kundan Kumar And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the entire proceedings there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants.
6. In view thereof, the instant application under Section 482 Cr.P.C lacks merit and is hereby dismissed.
7. However, the applicants will be at liberty to avail all the other legal remedies available at law. September 9, 2025 Rakesh A482 No. 35618 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad