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2025 DAILYLAW 105978 (ALL)

GIRRAJ AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/38293/2024 · 2025-05-11

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76723 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38293 of 2024 Applicant :- Girraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Kumar Patil Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 13.04.2022, cognizance order dated 15.06.2022 as well as entire proceedings of Case No.18719 of 2022 arising out of Case Crime No.54 of 2022 (State vs. Girraj and others), under sections 323, 324, 504, 506 I.P.C., Police Station Matsena, District Firozabad, pending in the court of Civil Judge (Junior Division), F.T.C., Firozabad/ Judicial Magistrate, Firozabad. 3. Learned counsel for the applicants submits that instant FIR lodged with malice intention only to harass the applicants. It is a civil nature dispute. Allegation alleged in the FIR is false and baseless. Injured has sustained injuries that are simple in nature. Injured has manufactured fabricated injury report. Cognizance taken by learned magistrate is without application of judicial mind. 4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 7. With the above directions, this 482 application is disposed of. Order Date :- 12.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad