Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 112164 (ALL)

MOHD. ALKAISAR v. STATE OF U.P. AND ANOTHER

A482/43751/2024 · 2025-04-28

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:65939 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43751 of 2024 Applicant :- Mohd. Alkaisar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shaafi,Shujauddin Counsel for Opposite Party :- G.A.,Mohd. Israr Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the quash the Chargesheet No. 131/24, Chargesheet dated 23.4.2024 as well as cognizance/summoning order dated 20.6.2024 passed by the Chief Judicial Magistrate, Amroha in Case No. 4573 of 2024 (State Vs. Jabir Mohd. Alkaisar) under Sections-452, 323, 504, 506 I.P.C., Police Station-Didauli, District-Amroha, arising out of Case Crime No. 193 of 2024, pending in the court of Chief Judicial Magistrate, Amroha. 3. Allegation in FIR against the applicant is that applicant entered in the house of informant and assaulted, due to which, two persons sustained injuries, hence the present FIR has been filed. The contention of learned counsel for the applicant is that injuries sustained by injured are simple in nature. Statement of victim and other witnesses are contradictory and not supported the prosecution story. Learned Magistrate, without application of judicial mind, issued summon against the applicant. Summoning is abuse of process of law. No case under the alleged sections is made out. 4. Per contra, learned AGA and informant's counsel have vehemently opposed the submission of applicant's counsel and submitted that injured have sustained grievous injuries, it is not a case of false implication, as such, prima facie, offence under the alleged sections is made out against the applicant. He further submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant, is hereby, refused. 6. However, if applicant moves discharge application before the concerned court below within two weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 7. 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