Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 112001 (ALL)

VIPUL SINGH v. STATE OF U.P. AND ANOTHER

A482/43815/2024 · 2025-05-25

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90788 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43815 of 2024 Applicant :- Vipul Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the impugned charge order as well as discharge order dated 20.06.2024 passed by learned Chief Judicial Magistrate, Jhansi in Case no. 7509 of 2021 (State of U.P. vs. Mohd. Javed Khan and others) arising out of Case Crime no. 258 of 2021 under sections 420, 506 IPC and 66-D of IT Act, PS- Shipri Bazar, District Jhansi. 3. It is submitted by learned counsel for applicant that FIR has been lodged by opposite party no. 2/informant against applicant and another co-accused namely Javed alleging therein that Javed persuaded informant to open a bank account and thereafter he carried out certain illegal transactions from the said bank account fraudulently over the instructions of applicant. After conclusion of investigation, charge sheet has been submitted against both the accused persons whereupon learned concerned court took cognizance. Applicant preferred discharge application before learned court concerned but the same has been rejected vide impugned order dated 20.06.2024 and on the same date charges have also been framed against the applicant which has been challenged through instant application. 4. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. No offence under sections 420, 506 IPC and 66-D IT Act is made out against the applicant. Co-accused Javed changed the mobile number of account of informant, hence no offence is made out against the applicant. Impugned order dated 20.06.2024 has been passed without application of judicial mind and is liable to be set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and supported the orders impugned. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records this Court finds that impugned order dated 20.06.2024 while rejecting discharge application preferred by applicant has been passed after considering each and every aspect and perusing the materials on record and it has been rightly observed that prima facie offence of cheating, dishonesty, intimidation etc. is made out against the applicant. 7. Entire arguments raised by learned counsel for the applicant through instant application is based on the facts and statement which has to be strictly examined by learned trial court only. The implication of the applicant is based upon statement and evidences which has been adduced at the time of preferring charge sheet, whereupon charges have been framed by learned court concerned. No infirmity is found in the order dated 20.06.2024 through which discharge application has been rejected and charges have been framed against the applicant. 8. The application u/s 482 Cr.P.C. being devoid of merit stands dismissed. Order Date :- 26.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad