PANKAJ TIWARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43125/2024 · 2025-06-30
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111473 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111473 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:100892 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43125 of 2024 Applicant :- Pankaj Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of charge sheet dated 18.12.2023 and cognizance
order dated 19.04.2024 as well as entire proceedings of Case No. 2256 of 2024 (State Vs. Pankaj and others), arising out of Case Crime No.145 of 2023, under Sections 504, 506 IPC, Police Station Raipura, District Chitrakoot, pending in the court of Judicial Magistrate Ist Chitrakoot, District Chitrakoot.
3. Instant FIR was lodged under Sections 504 and 506 IPC and applicant was also lodged FIR against the informant. Both the parties sustained injuries.
4. Learned counsel for the applicants submits that the offence under Sections 504 and 506 IPC was not made out. He further submits that just as a counter-blast FIR has been lodged by opposite party no.2 against the applicants.
5. Per contra, learned A.G.A. for the State has vehemently opposed the submission raised by learned counsel for the applicants and submitted that perusal of the FIR and statement of the witnesses recorded during investigation, prima facie, offence is made out against the applicants. Both the parties have lodged FIR, which shows that the incident occurred between the parties.
6. From the perusal of the 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 applicant. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The order passed by the court below is just and proper.
7. In view of the above, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.
8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order
Date
:- 1.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad