MANISH YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/43633/2024 · 2025-05-29
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112208 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93460 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43633 of 2024 Applicant :- Manish Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey 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 charge-sheet dated 13.03.2024, summoning order dated 31.07.2024 as well as entire proceeding of Criminal Case No.11759 of 2024 arising out of Case Crime No.133 of 2024 (State vs. Manish Yadav and others), under sections 352, 504, 506 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. From perusal of contents of FIR, no offence under alleged sections is made out against applicants. Instant FIR has lodged with malice intention on account of previous enmity.
4. Per contra, learned AGA opposed the submission of applicants' counsel and submitted that 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 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 s is, hereby, refused.
6. However, if applicants moves discharge application before the concerned court below within three 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. Till the disposal of discharge application, no coercive action will be taken against the applicant.
7. With the above directions, this 482 application is disposed of. Order Date :- 30.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad