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2025 DAILYLAW 109237 (ALL)

JITENDRA SAHANI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/41447/2024 · 2025-09-09

Yogesh Dubey Joint Registrar Judicial

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41447 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Ms. Vandana Henry, learned counsel for the applicants and Sri B.P. Singh, learned AGA for the State. 2. Instant application has been filed with the prayer to quash the entire proceeding including the impugned charge sheet dated 28.8.2022 as well as cognizance/summoning order dated 13.10.2022 passed by learned Judicial Magistrate, Kushi Nagar at Padrauna in Case No. 11747 of 2022 arising out of Case Crime No. 141 of 2022, under sections 505(2) and 120-B IPC,P.S. Hanumanganj, District Kushi Nagar pending in the court of learned Civil Judge (S.D.) Kushi Nagar at padrauna. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present case. 3. It is contended by learned counsel for the applicant that present prosecution is abuse of process of the Court. It is further contended that no offence under section 505(2) IPC is made out. It is further submitted that as per first information report the allegation against the applicants is that they were assembling people in their house and making superstition spread among the people that by praying Jesus Christ, curable/incurable diseases will be cured and winged deeds will be accomplished. It is further contended that as per allegation place of occurrence is not public place but it is a private house therefore there is no offence under section 505(2) IPC is made out. 4. On the other hand, learned AGA for the State submitted that during investigation investigating officer recorded statement of witnesses and they Versus Counsel for Applicant(s) : Patsy David, Vandana Henry Counsel for Opposite Party(s) : G.A. Jitendra Sahani And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have supported the prosecution. 5. As per allegation in the first information report the applicants are said to have got assembled people of the village in their house and superstition is said to have been spread by them that by praying Jesus Christ, curable/incurable diseases will be cured and winged deeds will be accomplished. During investigation witnesses have supported the prosecution case under section 161 Cr.P.C. recorded by the investigating officer and charge sheet has been submitted. The applicants have failed to show that any abuse of process of law has been caused by the prosecution of the case. 6. In view of the above, application lacks merits and deserves to be dismissed. 7. Application is hereby dismissed. September 10, 2025 SY A482 No. 41447 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad