Neutral Citation No. - 2025:AHC:114843 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39056 of 2024 Applicant :- Shahbaj Malik Alias Malik Shahbaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Kumar Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings along with charge sheet dated 23.04.2022; Cognizance order dated 20.05.2022 in Case Crime No. 39/2022, State Vs. Kameshwer Singh @ Sanny Singh and another pending in the court of Civil Judge (J.D.) Sadar/ Judicial Magistrate Mau. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The allegation alleged in the F.I.R. is false and baseless. The alleged recovery is false and planted. The applicant is already on bail. 4. 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 applicant. 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. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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. 5. The prayer for quashing the charge sheet dated 23.04.2022; Cognizance order dated 20.05.2022 in Case Crime No. 39/2022, State Vs. Kameshwer Singh @ Sanny Singh and another, is refused. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. 7. However, as requested, the applicant is permitted to move an application claiming discharge within a period of two weeks. The concerned court, thereafter, shall decide the application on merits, in accordance with law, within a period of six weeks. Order Date :- 16.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad