RAJESHWAR SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/38289/2024 · 2025-07-10
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106939 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110831 Court No. - 72 Case :- APPLICATION U/S 482 No. - 38289 of 2024 Applicant :- Rajeshwar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ritesh Singh,Suresh Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.538/2023 dated 06.10.2023, as well as entire proceedings of Case No.1664 of 2024 (State vs.Sandeep Saxena and others) arising out of Case Crime No.588 of 2023, under section 420 I.P.C., Police Station Sarda Bazar, District Shahjahanpur, pending in the court of Chief Judicial Magistrate, Shahjahanpur.
3. Learned counsel for the applicants submits that the applicant no.1 (Rajeshwar Singh) is nephew of the informant and he got power of attorney in his favour after fabricating documents. Thereafter, he sold the property to his wife. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Prima-facie no offence is made out against the applicants. Cognizance and summoning by learned magistrate is without application of judicial mind. Applicants applied for bail and they have been enlarged on bail. Learned counsel for the applicants next submits that on 11.07.2023, the applicant no.1, the power of attorney holder of opposite party no.2 has executed a sale deed in faovur of his wife Smt.Beena Singh (Applicant no.2) after getting the consideration of Rs.9,22,000/- through cheque.
4. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that the submission raised by learned counsel for the applicants are not supported by any evidence.
5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused.
6. However, if applicants move discharge application before the concerned court below within three weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.
7. With the above directions, this 482 application is disposed of. Order Date :- 11.7.2025/SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad