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Neutral Citation No. - 2025:AHC:135586 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 39215 of 2024 Applicant :- Rohit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh 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 18.07.2023 as well as entire proceedings of Case No.1976 of 2023 (State vs. Pawan Yadav and others) arising out of Case Crime No.139 of 2023, under sections 323, 504, 506 I.P.C., Police Station Mariyanhu, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate 12th Jaunpur.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Allegation alleged in the FIR is false and baseless, not supported by any evidence. FIR is not supported by any medical examination report. Cognizance and summoning by learned magistrate is without application of judicial mind.
4. Per contra, learned AGA opposed the submission of applicants' 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. Till then, no coercive action shall be taken against the applicants in the aforesaid case.
8. With the above directions, this 482 application is disposed of.
Order Date :- 11.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad