Neutral Citation No. - 2025:AHC:86967 Court No. - 87 Case :- APPLICATION U/S 482 No. - 42611 of 2024 Applicant :- Rizwan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Yadav,Mazhar Ullah Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ramesh Pundir, Advocate holding brief of Sri Arjun Singh Yadav, learned counsel for the applicants, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing summoning order dated 05.08.2024 as well as the entire proceedings of Complaint Case No.180 of 2024 (Tabassum Fatma vs. Rizwan and others), under Sections 447, 323 IPC, Police Station-Pipri, District- Kaushambi pending in the Court of Judicial Magistrate, Kaushambi or to stay further proceedings of the case during pendency of the application. 3. Learned counsel for the applicants submitted that earlier applicant has filed a suit for injunction against O.P. no.2 on 02.09.2022 and thereafter lodged an FIR against O.P. no.2 on 09.09.2022 in which chargesheet was filed and trial proceeded. Thereafter, O.P. no.2 lodged an FIR on 13.12.2022 against the applicant in which after investigation final report was submitted on 28.12.2022 in which protest petition was filed by O.P. no.2 on 25.01.2024. This protest petition was allowed vide order dated 14.02.2024 and the same was treated as a complaint case wherein summoning order has been passed on 05.08.2024, which has been assailed in this application. He further submitted that the applicants have never committed any offence as alleged against them. He submitted that civil dispute was going on between the parties and FIR was lodged by O.P. no.2 as a counter blast to the said proceedings. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicants. He also pointed out certain documents in support of his contention. 4. Per contra, learned A.G.A. vehemently opposed the application and contended that O.P. no.2 is a widow lady wherein the applicants were trying to grab her land and they have beaten her up. It is 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. 5. 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 summoning order dated 05.08.2024 has been issued after looking into the complaint and after adducing evidences u/s 200 and 202 Cr.P.C. 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. 6. 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. 7. 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. 8. However, it is open for the applicants to take all its defence in the trial. 9. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 22.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad