VISHRAM MAURYA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39925/2024 · 2025-07-09
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107339 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110295 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39925 of 2024 Applicant :- Vishram Maurya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Sen Pal,Jay Devi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding including charge sheet dated 18.07.2020 as well as summoning order dated 29.10.2020 in Criminal Case No. 10483 of 2020 (State Vs. Vishram Maurya and others) arising out of Case Crime No. 144 of 2019, under sections 147, 323, 504, 452 of I.P.C., Police Station-Sikariganj, District-Gorakhpur, pending in the Court of Judicial Magistrate-II, Gorakhpur.
4. The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. FIR version are supported by medical examination report. There is no material evidence to prosecute the applicants in the present case. Applicants are enlarged on bail. No case under the alleged sections is made out.
5. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage.
6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused.
7. However, if applicants move discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law,
expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.
8. For the period of three weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicants.
9. With the above directions, this 482 application is disposed of. Order Date :- 10.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad