Neutral Citation No. - 2025:AHC:66607 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43811 of 2024 Applicant :- Chandrasen Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Saurabh Mishra Counsel for Opposite Party :- Arun Kumar,Arun Yadav,G.A.,Sunil Kumar Tiwari 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 cognizance/ summoning order dated 11.09.2024 passed by Learned Chief Judicial Magistrate, Court No.11, Jaunpur, along with quash the proceeding of Case No. 6710 of 2024, arising out of Case Crime No. 18 of 2024, Under Sections 323, 504, 506, 304 I.P.C as well as charge sheet No. 75 of 2024 (Dated 14.07.2024), Police Station Meerganj, District Jaunpur (State Vs Chandrasen Giri and others). 3. Allegation in FIR against the applicant is that applicant and three named accused persons entered in the field of informant and forcibly installed pipe line on informant's land, when informant raised objection then they started abusing and committed marpeet and assaulted informant's husband, as a result thereof, her husband fallen down and died on the spot. 4. The contention of learned counsel for the applicant is that all allegation in FIR is false and baseless and not supported by any evidence. Due to previous enmity, present FIR has been lodged. As per post mortem report, deceased died due to heart failure. Evidence collected during investigation, not supported the prosecution story. Learned Magistrate, without application of judicial mind, summoned the applicant. Summoning is abuse of process of law. No offence under the alleged sections is made out. 5. Per contra, Sri Tiwari, informant's counsel, has vehemently opposed the submission of applicant's counsel and submitted that deceased has received grievous injuries, which is evident from post mortem report, as such, it is not a case of false implication. 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. 6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 7. 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 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