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2025 DAILYLAW 107241 (ALL)

NARESH AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39559/2024 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143055 Court No. - 77 Case :- APPLICATION U/S 482 No. - 39559 of 2024 Applicant :- Naresh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sagar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ram Sagar Yadav, learned counsel for applicants and and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Criminal Case no. 736 of 2024 under sections 147, 148, 149, 323, 324, 325, 354(b), 506 and 7/8 POCSO Act (State vs. Manoj alias Sanoj and others) pending in court of Special Judge, POCSO Act, Kasganj and cognizance order dated 16.07.2024 passed by Additional District and Session Judge/Special Judge, POCSO Act, Kasganj, in Criminal Case no. 736 of 2024. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. Present proceeding initiated against applicants is counter blast of case the registered against opposite party no. 2 by the applicants. There is no criminal history of the applicants. All injuries are simple in nature, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicants. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. In proceeding u/s 482 Cr.P.C, this Court is not inclined to hold mini- trial. 6. It is well settled that the inherent powers under Section 482 Cr.P.C are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. 7. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. Order Date :- 19.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad