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2025 DAILYLAW 107346 (ALL)

RADHEY SHYAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/41018/2024 · 2025-04-22

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61109 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41018 of 2024 Applicant :- Radhey Shyam And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhai Kumar Singh,Achal Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Abhai Kumar Singh, learned counsel for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the criminal misc. application and quash the entire proceeding of Session Trial No. 807 of 2023, State Vs. Radhey Shyam and others arising out of Case Crime No.748 of 2021, under sections 452, 307/34, 323, 324, and 506 I.P.C. Police Station Kotwali, District Ghaziabad along with charge sheet dated 14.01.2022 as well as summoning order dated 02.05.2024 passed by Session Judge, Ghaziabad. 3. Counsel for the applicants submits that instant FIR and proceedings on aforesaid sections are bad in the eyes of law. Learned Magistrate, after receiving charge sheet, has framed charge against the applicants, vide order dated 02.05.2024. The charge famed by learned Magistrate is without application of judicial mind. On perusal of material evidence on record, no offence under Sections 307 and 324 I.P.C. is made out. 4. Per contra, learned A.G.A. has vehemently opposed the submission raised by applicants' counsel and submits that learned Magistrate after hearing the parties and following the material evidence on record, found offence under the aforesaid sections and framed charges against the applicants. As such, there is no illegality in the impugned order passed by learned Magistrate. 5. Considering the argument raised by counsel for the applicants and gone through the records. The trial court has framed charge against the applicants after hearing both the counsels and in the presence of applicants-accused persons. Trial court has found sufficient material evidence to frame the charge against the applicant. Trial court has assigned reasons before framing the charge under the aforementioned sections. The order dated 02.05.2024 is just and proper. No interference is warranted. 6. The present 482 application of applicants, namely, Radhey Shyam, Rohit, Jogi @ Yogendra and Vinay Yadav, are hereby dismissed with the aforesaid observation. Order Date :- 23.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad