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2025 DAILYLAW 105838 (ALL)

SUKHLAL AHIRWAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/37145/2024 · 2025-07-31

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130117 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 6) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37145 of 2024 Applicant :- Sukhlal Ahirwar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Rajendra Prasad, learned counsel for the applicant 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 summoning order dated 5.01.2022 as well as bailable warrant order dated 2.7.2024 passed by learned Judicial Magistrate, Muranipur, District-Jhansi in Criminal Complaint Case No. 481 of 2019 (Kamlesh Kumar Valmiki vs. Sukhlal and others) under Sections 429, 504, 506 IPC, Police Station-Katera, District- Jhansi and also the entire proceedings of the aforesaid case. 3. Learned counsel for the applicant submits that the applicant and the opposite party no. 2 are the immediate neighbours residing infront of each other. Thus, there was some dispute between the parties and the instant complaint case has been lodged by the opposite party no. 2 after nineteen days of the alleged incident and no incident as alleged in the complaint has ever taken place, therefore, he seeks quashing of the entire proceedings of the instant complaint case. 4. Per contra, learned A.G.A. submits that from the allegation as made in the complaint, coupled with the statement of witnesses under Section 200 and 202 Cr.P.C., a prima facie case has been made out against the applicant. In view thereof, 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. From the record of the case, it is apparent that on 23.12.2019, the opposite party no. 2 has filed the complaint case alleging an incident of 4.12.2019 wherein it is alleged that the applicant no. 1 had brought some flour and thrown in front of the pigs in front of him and by eating the said flour with poison the said pigs have died. When it was complained by the opposite party no. 2 to the applicants, they have abused the opposite party no. 2. The complaints were made to the police station as well as to the Senior Superintendent of Police, when no action was taken; the instant complaint case was lodged. Thus, from the aforesaid allegations, which are duly supported by the statement of witnesses under Section 200 and 202 Cr.P.C., this Court finds a prima facie case against the applicants. Therefore, no interference is called for in the instant case. 7. Accordingly, the instant application is dismissed. Order Date :- 1.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad