Neutral Citation No. - 2025:AHC:103095 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.8) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37684 of 2024 Applicant :- Deepuraja And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Satya Narayan Gupta Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today in Court by learned counsel for the applicants is taken on record. 1. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicants, Sri Satya Narayan Gupta, learned counsel for the opposite party no.2 and Sri Yogendra Singh, 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 10.10.2024 as well as the entire proceeding in Misc. Case/Complaint Case No. 57 of 2021 (Premnarayan Kushwaha vs. Deepuraja and others) under Section 395 I.P.C., P.S.- Kotwali Lalitpur, District- Lalitpur, pending in the court of learned Additional Sessions Judge/Special Judge (D.A.A.), Lalitpur. 3. Learned counsel for the applicants submits that the instant complaint case filed by the opposite party no.2 as a counterblast to the F.I.R. registered by the grandfather of the applicants no. 4 and 5 against the opposite party no.2. Earlier also, the opposite party no.2 had filed a complaint case through his servant- Bare Lal, against the applicants herein under the SC/ST Act, in which interim protection has been granted to the applicants. It is further submitted by learned counsel for the applicants that there is a contradiction in the averments made in the complaint and the statement made under Section 200 Cr.P.C. Therefore, the instant complaint case is nothing but a malicious prosecution on the part of the opposite party no.2. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the said complaint case as well as the summoning order dated 10.10.2024. 4. Per contra, learned counsel for the opposite party no.2 submits that the applicant no.1 is having a criminal history of four cases. The grandfather of the opposite party no.2 is also having criminal history of four cases, two under the Uttar Pradesh Control of Goondas Act, 1970 and one under the Uttar Pradesh Gangsters and Aniti-Social Activities (Prevention Act, 1986. Therefore, the applicants are the habitual offenders and on the date of incident itself the police came on the spot, thereafter, a GD Entry was made with regard to the incident and the medical examination of the injured was conducted at the behest of the police. As per the injury report, three injuries have been sustained by the complainant, out of which injury no.3 was kept under observation and X-ray was advised. Rest other injuries were simple in nature. Since, the F.I.R. was not registered, therefore, the opposite party no.2 was compelled to file the complaint case. Categorical averments have been made against the applicants herein and from the material available on record, a prima facie case has been made out against the applicants, therefore, there is no ground for quashing of the complaint case as well as summoning order. 5. Learned A.G.A. for the State also submits that learned trial court before summoning the applicants herein had taken into consideration the entire material available on record and since he has satisfied that a prima facie case has been made out against the applicants, the summoning order dated 10.10.2024 has been issued against the applicants. Therefore, there is no ground for any interference or quashing of the proceedings of the instant case. 7. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the perusal of the complaint and the statements of witnesses, in the considered opinion of this Court, a prima facie case has been made out against the applicants. Further, the case of the opposite party no.2 is also supported by the medical injury report, which was conducted at the behest of the police on 20.11.2020 itself i.e., the date of the incident. 8. Since, a prima facie case is made out this Court does not find any good reason to entertain the instant application. Accordingly, the same is dismissed. Order Date :- 3.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad