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2025 DAILYLAW 110099 (ALL)

SHEKH ABDUL ALIAS ABDUL RAHMAN v. STATE OF U.P.

A482/42332/2024 · 2025-07-30

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128330 Court No. - 77 Case :- APPLICATION U/S 482 No. - 42332 of 2024 Applicant :- Shekh Abdul Alias Abdul Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Tiwari,Gunja Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred to quash the charge-sheet dated 20.01.2022, cognizance/summoning order dated 30.05.2023 as well as the entire proceedings arising out of Case Crime No.182 of 2020, under sections 504, 505 I.P.C. and section 67 of I.T. Act, P.S. Jafrabad, District- Jaunpur, pending in the court of learned Additional Civil Judge (Senior Division) II/Additional Chief Judicial Magistrate, Jaunpur. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 31.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad