Neutral Citation No. - 2025:AHC:121522 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43482 of 2024 Applicant :- Mahish Kumar Yadav And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Yadav,Daya Shanker Yadav Counsel for Opposite Party :- Abhishek Rai,Ambuj Kumar Mishra,G.A.,Vineet Kumar Sharma Hon'ble Deepak Verma,J. Order on Criminal Misc. Amendment Application No. 2 of 2024 1. The amendment application is allowed. 2. Learned counsel for the applicants is permitted to make amendment in the present 482 Cr.P.C. application, during the course of the day. Order on petition/482 Cr.P.C. application 1. Heard learned counsel for the applicants, learned counsel for the informant/opposite party no. 2 and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of Case No. 603 of 2024 (State Vs. Narendra Kumar Yadav @ Chanchal and others) arising out of Case Crime No. 12 of 2024, under Sections 147, 323, 504, 506, 354, 354 (B), 427, 452 I.P.C. against the applicant no.1 and under Sections 147, 323, 504, 506, 452, 427 I.P.C. against other applicants, registered at Police Station- Meja, District-Prayagraj, pending before Additional Chief Judicial Magistrate, Room No.10, Prayagraj including the charge sheet No. 265 of 2024 dated 24.07.2024 submitted by investigating officer as well as Cognizance/ summoning order dated 05.11.2024 passed by the Additional Chief Judicial Magistrate, Room No.10 Prayagraj (Annexure No.1 to the affidavit). 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Applicants are not named in the first information report. Instant first information report was registered against three accused persons and one unknown person. During investigation, three to four persons have been made accused in the present case. Instant first information report has been lodged with malicious intention only to harass the applicants. Allegations alleged in the first information report are false, baseless and not supported by any substantive evidence. He next submits that due to prior enmity, applicants have been implicated in the present case. Cognizance/Summoning order passed by learned Magistrate, is without application of judicial mind. 4. Per contra, learned A.G.A. and learned counsel for the opposite party no. 2 vehemently opposed the submissions raised by learned counsel for the applicants and submits that prosecution story is supported by the evidences collected during investigation by the I.O. Witnesses, in their statements, have made specific allegations against the applicants. Victim, in her statements, recorded under Sections 161 & 164 Cr.P.C., has also supported the prosecution story. Instant incident occurred as applicants are witnesses in the Case Crime No. 0122 of 2021, under Sections 147, 148, 323, 504, 506, 307, 308, 452 IPC. There is material evidence against the applicants. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that there is sufficient material evidence against the applicants to prosecute them in the present case. Victim, in her statements, recorded under Sections 161 & 164 Cr.P.C. has also supported the prosecution story and made allegation against the applicants. Prima facie, offence is made out against the applicants. No case for interference by this Court is made out. 6. Accordingly, the relief as sought by the applicants through this application is refused. 7. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, their bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 9. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 24.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad