Neutral Citation No. - 2025:AHC:111011 Court No. - 72 Case :- APPLICATION U/S 482 No. - 44098 of 2024 Applicant :- Smt. Beena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 21.02.2018 as well as cognizance order dated 21.04.2018 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Jewar, District- Gautam Budh Nagar, by instituting the Criminal Case No. 520/2018 (State Vs. Beena and others), arising out of Case Crime No.197/2017, under Sections 420, 120-B I.P.C., Police Station Rabupura, District Gautam Budh Nagar, pending in the Court of learned Judicial Magistrate, Jewar, District- Gautam Budh Nagar as well as the entire proceedings in Criminal Case No. 520/2018 (State Vs. Beena and others). 4. The contention of learned counsel for the applicant is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out. In support of his contention, applicant's counsel has placed reliance over the judgment of Hon'ble The Apex Court passed in the case of Muskan Enterprises Vs. State of Punjab in Criminal Appeal No.5491 of 2024, 2024 INSC 1046 SC. 5. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that this is a second petition with same prayer which was made in the first 482 application and there is no changes of circumstances and earlier 482 Cr.P.C. application No.24376 of 2018 was decided by order dated 25.07.2018, as such, prima facie, there is no fresh ground to hear the matter again. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. Moreover, all the submissions have been adjudicated by the order dated 25.07.2018. 6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 7. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of four weeks from the date of filing of discharge application. 8. With the above directions, this 482 application is disposed of. Order Date :- 11.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad