Neutral Citation No. - 2025:AHC:21106 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4247 of 2025 Applicant :- Deepak Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey,Navin Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Navin Singh, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State-respondent. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No.1446 of 2021, arising out of case crime no.306 of 2020, under Sections 323, 325, 352, 427, 504 of IPC Police Station- Nandganj, District Ghazipur, pending before the court of learned Chief Judicial Magistrate, Ghazipur. 3. Learned counsel for the applicant submits that though in the first information report, the applicant has been marked as an accused along with four to five unknown persons but the role assigned to the applicant was gun-shot, however, the injuries so sustained are only simple in nature. He submits that the medical report has been manipulated by the opposite party no. 2. 4. Learned AGA on the other hand has argued that the issues which the applicant seeks to raise is a factual one which cannot be gone in the present facts of the case, particularly, in view of the fact that the trial has not yet commenced and this Court may not make any inquiry on the matter. 5. I have heard the learned counsel for the parties and perused the record. 6. I am of the opinion of the court that since the contention raised by the applicant centers around factual issues which cannot be gone into the present proceedings and once the said stage comes then it will be open for the applicant to raise all the legal and factual issues. In absence of showing of any jurisdictional error committed by the court below and this court is not in a position to subscribe the contention of learned counsel for the applicant. 7. At this stage, learned counsel for the applicant submits that the applicant shall be permitted to prefer discharge application which may be decided strictly in accordance with law. 8. Learned AGA on the other hand submits that once a discharge application which is maintainable under law is preferred then the same shall be decided. In the opinion of the Court, once any application which is permissible and advisable under law then the same shall be decided in accordance with law with most expedition. 9. Accordingly, the present application stands disposed of. Order Date :- 13.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad