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Neutral Citation No. - 2025:AHC:119587 Court No. - 77 Case :- APPLICATION U/S 482 No. - 44252 of 2024 Applicant :- Chhiddi Raikwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for State.
2. This application under section 482 Cr.P.C. has been preferred for quashing the charge-sheet dated 25.04.2023 and cognizance order dated 21.06.2023 passed by learned Chief Judicial Magistrate, Mahoba in pursuance to Case Crime No.351 of 2022, under sections 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Kotwali Nagar Mahoba, District- Mahoba.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, the prayer made through the instant application cannot be exceeded and as such the instant application is hereby dismissed.
6. However, the applicant will be at liberty to appear before learned court concerned and avail whatever remedy is available at law for him within three weeks. In case, the applicant appears before learned court concerned within a period of three weeks from today and avail whatever remedy is available at law for him, the same shall be considered and decided expeditiously in accordance with settled law. Till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 22.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad