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Neutral Citation No. - 2025:AHC:130082 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36194 of 2024 Applicant :- Nitin Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- Abhishek Kushwaha,G.A.,Yogesh Kumar Srivastava Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Abhishek Srivastava, learned counsel for opposite party no.2.
2. The instant application has been preferred to quash the charge-sheet dated 15.02.2023, cognizance/summoning order dated 29.03.2024 as well as the entire proceedings of Case No.5641 of 2024 (State vs. Nitin Verma) arising out of Case Crime No.49 of 2022, under section 506 I.P.C. and section 67 of I.T. Act, P.S. Rakabganj, District- Agra, pending in the court of learned Chief Judicial Magistrate, Agra.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State and learned counsel for opposite party no.2 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 applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 31.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad