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2025 DAILYLAW 107373 (ALL)

KEDAR SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/38802/2024 · 2025-09-03

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38802 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Supplementary counter-affidavit filed today in Court is taken on record. learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to set aside the summoning order dated 13.08.2024 and quash the entire proceeding of Complaint Case No. 8396/2023 under Sections 323, 504, 506 IPC (Ram Beti v. Kedar Singh and others) P.S.- Dibiayapur, District-Auraiya pending in the Court of Additional Chief Judicial Magistrate/F.T.C. Auraiya. 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. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Versus Counsel for Applicant(s) : Santosh Kumar Shukla, Shailendra Kumar Awasthi, Sudha Awasthi Counsel for Opposite Party(s) : G.A. Kedar Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 4, 2025 Aditya Tripathi A482 No. 38802 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad