HARSHIT SINGH AND OTHERS v. STATE OF U.P. AND ANOTHER
A482/39105/2024 · 2025-07-15
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107321 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107321 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115443 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39105 of 2024 Applicant :- Harshit Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar Ojha,Raghav Ram 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 01.08.2023 as well as summoning order dated 17.10.2023 and entire proceedings of Criminal Case No. 46838 of 2023 (State versus Harshit Singh and Others) arising out of Case Crime No. 454 of 2023 registered under Sections 323 & 452 I.P.C. Police Station-Bishrakh, District-Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
3. Counsel for the applicants submits that applicants have been falsely implicated in the present case only due to ulterior motive. He next submits that the evidence collected by I.O. does not substantiate the offence under Sections 323, 452 I.P.C. and the same is liable to be set aside. The applicants have been implicated in the present case due to some tenancy dispute and the present applicants have no criminal history to their credit.
4. Per contra, learned A.G.A. has vehemently opposed the
submissions advanced by learned counsel for the applicants and submitted that there is serious injury received by the injured and it is not a case of false implication. The I.O. has collected sufficient evidence to prosecute the applicants and the other submissions advanced by the counsel for the applicants are disputed question of
facts. The injured Chandan Singh has sustained grievous injuries to the extent of size 4 x 0.5 cm lacerated wound over left parietal region of skull and 8cm above from left ear and this fact is also evident from the medical report.
5. Considered the submissions raised by learned counsel for the parties and perused the entire record. Considering the gravity of offence and nature of injuries as noted above, I do not find any
good ground to compound the offence in the light of judgment of the Apex Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688 as well as in the case of Daxaben vs. The State of Gujarat, 2022 SCC OnLine SC 936.
6. Accordingly, the relief as sought by the applicants is refused.
7. The application lacks merit and is accordingly, dismissed.
8. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 16.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad