Neutral Citation No. - 2025:AHC:66013 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43795 of 2024 Applicant :- Vedveer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra,Shireesh Kumar Mishra 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. 2. The present 482 Cr.P.C. application has been filed to quash the Cognizance order dated 08.04.2024 passed by Additional Chief Judicial Magistrate IV, Aligarh as well as Charge sheet dated 25.06.2023 in case No. 2237 of 2024, arising out of Case crime no. 245 of 2023, U/s-323, 354(B), 406, 420 of I.P.C. (State V/s Vedeer and Another) registered at Police Station-Tappal, District-Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh. 3. Allegation in FIR against the applicants is that informant worked as an Asha for CHC Tappal. One of the staff members, ultrasound operator, namely, Awadhesh, informed her on April 25, 2023, that Alok, Vedvir's son, and his father, Veilver Singh, had blackmailed him using her name. They threatened to implicate him in a case through her and fraudulently demanded Rs.50,000/- from him. When she approached Alok and Vedvir, they refused to return the money and threatened to murder her if she pursued the matter. When informant was visiting a patient's house about 11:30 a.m., applicant stopped her, made sexual remarks and molested her. Hearing her cries, residents arrived, then applicant fled away, hence, the present FIR has been lodged. 4. The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. The instant FIR has been lodged after about one year only to harass the applicants. Victim in her statement recorded U/s 161 Cr.P.C., has not made any allegation against the applicants even when specific questions were put, victim did not make any acquisition against the applicants but she made allegation agaisnt the applicants in her statement recorded U/s 164 Cr.P.C. Summoning by learned Magistrate U/s 406 and 420 I.P.C., is without application of judicial mind and the same has been issued in arbitrary manner. In support of his contention has placed reliance upon the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248 in which it has been defined that no summons can be issued under both the Sections 420 and 406 I.P.C. simultaneously. No case under the alleged sections is made out. 5. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that trial court has rightly issued summons against the applicants after considering all the material facts, as victim in her statement recorded U/s 164 Cr.P.C. has made specific allegation against the applicants, as such, prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which can be examined by the trial court. 6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 7. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 8. With the above directions, this 482 application is disposed of. Order Date :- 29.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad