Neutral Citation No. - 2025:AHC:76636 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37294 of 2024 Applicant :- Pramod Gautam Alias Sahil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Neetu Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned AGA for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.9.2023 and the Impugned order dated 12.9.2024 passed by the Additional Chief Judicial Magistrate II, Varanasi in Case No.79883 of 2024 (State vs. Babita Boni) under sections 323, 504, 506 & 354 (B) arising out of Case Crime No. 275 of 2023, P.S. Manduadih, which is pending in Additional Chief Judicial Magistrate II, District- Varanasi. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The learned Magistrate without application of judicial mind, summoned the applicants. 4. 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 applicant. From the record it is apparent that FIR is supported by the medical examination report. 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. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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. 5. The prayer for quashing the charge sheet dated 20.9.2023; the summoning order dated 12.9.2024, as well as entire criminal proceeding of the aforesaid case is refused. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. 7. However, as requested, the applicants are permitted to appear before the concerned court within two months from today through their counsel and move an application claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law. Order Date :- 12.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad