Neutral Citation No. - 2025:AHC:83081 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40107 of 2024 Applicant :- Braham Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Pandey,Yash Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Two supplementary affidavits have been filed today, by applicants' counsel, which are taken on record. 2. Heard Sri Yash Pratap Singh, 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 proceedings including the Impugned charge sheet dated 21.06.2019 and Cognizance/Summoning order dated 19.09.2019 in Case No. 5070 of 2019, arising out of case crime no. 1036 of 2018, under sections 406 & 420 I.P.C., Police Station-Kotwali Orai, District Jalaun at Orai. 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. Prima facie, no offence under the alleged sections is made out. On perusal of FIR and other material evidence, there is no evidence that informant has paid money to the applicants. I.O. has not collected any material evidence to prosecute the applicants. Learned Magistrate, without considering order of Hon'ble The Apex Court passed in the case of Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., took cognizance and issued summon against the applicants. 5. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that instant 482 application has been filed after about 6 years of the order of cognizance and summoning against the applicants. Applicants are not co-operating in trial proceedings. As per order sheet filed in supplementary affidavit, discloses that bailable warrant has also been issued against the applicants as such, no interference is warranted. 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 their application in accordance with law, expeditiously, preferably within a period of two months from the date of filing of discharge application. 8. Till then, no coercive action shall be taken against the applicants. 9. With the above directions, this 482 application is disposed of. Order Date :- 19.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad