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2025 DAILYLAW 107768 (ALL)

ASHOK KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/40097/2024 · 2025-05-25

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89599 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40097 of 2024 Applicant :- Ashok Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Khanna Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.04.20222; cognizance order dated 08.06.2022 as well as entire proceedings of Case Crime No.0014 of 2022 (State V/s Ashok Kumar & Other) under Sections 420, 467, 468, 471 & 120-B IPC, At police station-Govind Nagar, District -Mathura pending before the learned Chief Judicial Magistrate, Mathura. 3. Counsel for the applicant submits 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 F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind took cognizance against the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that from the record, it is apparent that charges have been framed against the applicant and examination of P.W. 1 is carried out. It is next submitted that submission raised by counsel for the applicant is based on factual dispute. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. Considered the argument raised by counsel for the applicant. From the record, it is apparent that charges have been framed and witnesses have been examined. After framing of charge by the trial court, this Court is not going to interfere in trial proceedings. The trial court has to examine the witnesses. Moreover, this Court does not find any illegality or abuse of process of the court while taking cognizance and summoning the applicant. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 26.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad