Neutral Citation No. - 2025:AHC:132321 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.13) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41110 of 2024 Applicant :- Haneef Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh Sisodia,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri Satyendranath Tiwari, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet as well as impugned summoning order dated 15.03.2024 passed in Case No. 6736 of 2024 (State vs. Haneef Ansari and Others) arising out of N.C.R. No. 42 of 2022 under Sections 323, 504 I.P.C., P.S.- Khalilabad, District- Sant Kabir Nagar, pending in the court of learned Chief Judicial Magistrate, Sant Kabir Nagar. 3. Learned counsel of the applicants submits that in the instant case, a false and fabricated N.C.R. was lodged by the opposite party no.2 against the applicant herein. No such incident as alleged has ever taken place. Subsequent thereto, on an application under Section 155(2) Cr.P.C., the matter was directed to be investigated by the police. Police after completing the investigation has submitted a charge- sheet against the applicant herein on 14.02.2022. Subsequent thereto, the charge- sheet was submitted for the offences under Sections 323 and 504 I.P.C. Subsequent thereto, the trial court having found that the charge-sheet was submitted only for the non-cognizable offences, has treated the police report submitted in the instant case as a complaint under Section 2(d) of the Cr.P.C. Thereafter, having found a prima facie case against the applicant herein, has summoned the applicant herein. Vide impugned order dated 15.03.2024, learned counsel for the applicant submits that since it was a false and fabricated case, there was no injury in the matter, therefore, the same is a malicious prosecution on the part of opposite party no.2. Therefore, he seeks quashing of the entire proceedings in the instant case against the applicant herein. 4. Per contra, learned A.G.A. for the State in the instant case submits that categorical allegations have been made against opposite party no.2 and the same were investigated by the police on an application under Section 155(2) of the Cr.P.C. made by the opposite party no.2. Thereafter, the police found the allegations to be true. Accordingly, the charge-sheet was submitted against the applicant herein after completing the investigation in the instance case. Thus, since a prima facie case is made out from the allegations coupled with the police report in the instance case, therefore, the court has rightly considered the report and treated the same as a complaint case and thus summoned the applicants herein. In view thereof, there is no illegality in the summoning order or the proceedings initiated against the applicant herein. 5. Having heard the submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that on 24.02.2022, an N.C.R. was lodged by opposite party no.2, alleging therein that on 18.02.2022, when the opposite party no.2 was returning to his home after completing his private work, then, the applicant and one Sonu came on a motorcycle and stopped the opposite party no.2 and started abusing him. Thereafter, the applicant along with Sonu and two other unknown persons, started beating him with kicks, fists, lahti, and danda and they have also broken his motorcycle. He sustained injuries. After registration of such N.C.R., the opposite party no.2 herein moved an application under Section 155(2) Cr.P.C., which was allowed vide order dated 10.05.2020 by the CJM- Sant Kabir Nagar. Thereupon, the police investigated the matter, and after completing the investigation has submitted the charge-sheet in the instance case and cognizance was taken on 15.03.2024 by directing the charge-sheet to be treated as a complaint case. Thereafter, the applicants have been summoned vide order dated 15.03.2024 in the instance case. Thus, in the entire proceeding there is no material to doubt the veracity of the aforesaid facts 6. Therefore, this Court do not find any good reason to interfere in the instant case and the same is accordingly dismissed. Order Date :- 6.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad