Neutral Citation No. - 2025:AHC:136052 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.4) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40599 of 2024 Applicant :- Shrafat Alias Babu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Shyam Shanker Pandey, learned counsel for the applicant and Sri S.K. Ojha, learned A.G.A.-I for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 28.03.2024 passed in Case No. 5736 of 2022 (Hidayat vs. Jabir and Others)under Section 394, 504, 323 I.P.C., P.S.- Kotwali Dehat, District- Saharanpur, whereby learend trial court has rejected the discharge application of applicants under Section 239 Cr.P.C. 3. Learned counsel of the applicants submits that against the summoning order passed in the instant case, the applicants have approached this Court by filing an Application under Section 482 Cr.P.C. No. 40049 of 2023 (Shrafat and Another vs. State of U.p. and Another). Vide order dated 04.12.2023, prayer for quashing of the summoning order as well as the entire proceedings of the complaint case was rejected by this Court, however, the applicants were committed to file discharge application and interim protection was granted till the discharge application is decided by the court below. 4. In pursuance of the aforesaid order dated 04.12.2023, the applicants herein filed a discharge application, which was rejected by the concerned trial court vide impugned order dated 28.03.2024, holding therein that, from the allegations made in the complaint, supported by the statements of witnesses under Sections 200 and 202 Cr.P.C., a prima facie case is made out and the offences under Sections 394, 504 and 323 I.P.C. are categorically made out against the applicants. 5. On repeated queries made by this court, the learned counsel for the applicants could not dispute that from the allegations, as made in the complaint as well as the statements of witnesses, a prima facie case for the offences under Sections 394, 504, and 323 are made out against the applicants, for which they were summoned vide order dated 05.01.2023. 6. Learned counsel for the applicants, however, submits that they were the relatives of the main accused, Javed, they were falsely implicated in the instant case and the same has not been considered by the trial court while rejecting their discharge application. 7. In the considered opinion of this Court, once the prayer for quashing of the summoning order as well as the entire proceeding of the complaint case was already rejected by this Court vide order dated 04.12.2023, the scope for consideration of discharge application was very limited, to inquire whether the offences for which the applicants are charged are prima facie made out or not. From the allegations made in the complaint case, specifically in paragraph '8' of the complaint, which are duly supported by the statements of witnesses under Sections 200 and 202 Cr.P.C., categorically make out the offences under Sections 394, 504 and 323 I.P.C. against the applicants herein as well. 8. In view thereof, this Court does not find any illegality in the impugned order dated 28.03.2024 and accordingly the instant application is dismissed. Order Date :- 12.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad