KHEM SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39611/2024 · 2025-07-10
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107529 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107529 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110967 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39611 of 2024 Applicant :- Khem Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 632 of 2024 (State Vs. Khem Singh and others), arising out of case crime no. 219 of 2023, under sections 406, 420, 504, 506 I.P.C., Police station Bargaon, District Saharanpur, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Deoband, Saharanpur, chargesheet dated 18.12.2023 submitted by investigating officer and cognizance dated 03.05.2024.
3. The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out.
4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage.
5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused.
6. 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.
7. 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.
8. With the above directions, this 482 application is disposed of. Order Date :- 11.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad