Court No. - 89 Case :- APPLICATION U/S 482 No. - 41468 of 2024 Applicant :- Ashish Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri K.M. Gupta, learned counsel for the applicant and Sri O.P. Singh, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the summoning order dated 30.10.2023 and charge sheet dated 23.07.2023 in Case No.- 14303 of 2023 (State Vs. Kamlesh Jaiswal @ Monu Jaiswal and others) arising out of Case Crime No.- 24 of 2023 under Sections 186, 147, 352, 353, 441, 427 I.P.C. 7 Criminal Law Amendment Act, P.S- Pipari, District- Sonbhadra, pending in the Court of learned Chief Judicial Magistrate, Sonbhadra. 3. It is contended by the learned counsel for the applicant that he is not named in the first information report and during investigation his name was not transpired. His name was transpired after the delay of two months on the basis of statement of one 'mukhbir', whose name is not specified. He also submits that the application of co-accused Raju Kumar Agarwal was disposed of with the direction to decide his bail application in light of the Satender Kumar Antil case which is different from the case of the applicant as the applicant's name has transpired after considerable delay of two months and that too on the basis of statement of 'mukhbir'. It is also contended that he has been implicated in this case as he was the representative of the Chairman of local municipality. 4. On the other hand, learned A.G.A. submits that the name of the applicant has transpired in this case on watching the video footage of the said incident. 5. The first information report has been lodged against four named persons and 40-50 unknown persons. During investigation the name of eight persons transpired in the statement of eye-witnesses after delay of two months. It is also contended that the applicant has been falsely implicated in this case because he is the representative of the Chairman of of the local municipality. 6. Considering the above facts and circumstances, a prima facie case is made out. 7. Let notice be issued to opposite party no.2 returnable at an early date. 8. Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. 9. List this case as fresh on 23.09.2025. 10. Till the next date of listing further proceedings against the applicant in the aforesaid case shall remain stayed. Order Date :- 12.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad