Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114957 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39053 of 2024 Applicant :- Suresh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15-04-2018; cognizance/summoning order dated 14-08-2019 as well as entire proceedings of Case No.1583 of 2019 (State versus Suresh & others), arising out of Case Crime no. 121/2018, under sections 147, 323, 324, 452, 504, 506 I.P.C., Police Station Chandausi, District Bheem Nagar (Sambhal), pending before the learned Chief Judicial Magistrate, Sambhal at Chandausi.
3. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Instant F.I.R. is counter blast and prima facie, there is no evidence to prosecute the applicant in the present case. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances.
4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that F.I.R. version is very much supported by injury report and there is sufficient evidence against the applicants. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.
5. 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 applicants. The learned Magistrate has rightly issued summons against the applicants in the aforesaid case. 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.
6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court, in exercise of its inherent power under Section 482 Cr.P.C.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 16.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad