Neutral Citation No. - 2025:AHC:88808 Court No. - 87 Case :- APPLICATION U/S 482 No. - 2382 of 2025 Applicant :- Sahmat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri A.P. Dubey, learned counsel for the applicants and Sri S.D. Pandey, learned A.G.A. for the State and perused the record. 2. The instant application has been filed with a prayer to quash charge sheet dated 08.02.2024 and 20.06.2024, cognizance orders dated 12.02.2024 and 04.09.2024 and entire proceedings of Criminal Case No.523 of 2024 (State vs. Mohd. Shahmat and others) arising out of Case Crime No.0597 of 2023 u/s 323, 326, 504, 506, 34 IPC, P.S. Kasya, District Kushinagar pending in the court of C.J.M. Kasya, Kushinagar or to stay the further proceedings of the aforesaid case during pendency of the application. 3. Learned counsel for the applicants submitted that there was some dispute pursuant to which an FIR was lodged on 10.07.2023 under section 323, 504, 506 IPC wherein it was alleged that when O.P. no.2 was constructing his house and accused persons came armed with wooden stick and rod and after that started to beat him up. In the incident, one person sustained injury on his eye. After investigation chargesheets were submitted on 08.02.2024 and 20.06.2024 and thereafter cognizance orders have been passed on 12.02.2024 and 04.09.2024, which have been assailed by means of instant application. Learned counsel for the applicants submitted that it is not a case of grievous hurt. He next submitted that for the same reason, the cognizance orders are bad in law. He submitted that the applicants have never committed any offence and they have been falsely implicated in this case. He further argued the instant proceeding initiated by O.P. no.2 is a malicious prosecution with ulterior motive just to wreak vengeance. He submitted that the entire proceeding initiated by O.P. no.2 is nothing but an abuse of process of law. 5. Per contra, Sri S.D. Pandey, learned A.G.A. submitted that the injury caused in the alleged incident is grievous or not can only be seen after adducing evidence during trial of the case and this Court while exercising jurisdiction of application u/s 482 Cr.P.C., can not adjudicate the disputed questions of fact. He further submitted that the court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. Heard learned counsel for the parties and perused the record. 7. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The arguments raised by learned counsel for the applicants are all disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 8. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 9. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 10. However, it is open for the applicants to take all its defence in the trial. 11. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 26.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad