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2025 DAILYLAW 112435 (ALL)

MANJEET SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/43741/2024 · 2025-04-28

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65897 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43741 of 2024 Applicant :- Manjeet Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 13.5.2023; cognizance/ summoning order dated 13.9.2023 passed by Judicial Magistrate Ist, Chitrakoot as well as entire proceedings of Case No. 4860 of 2023 (State Vs. Manjeet Singh & others)arising out of case crime No. 12 of 2023, under sections 147, 148, 149, 308, 323, 504, 506 I.P.C. Police Station Raipura, District Chitrakoot pending in the court of Judicial Magistrate Ist, Chitrakoot. 3. It is alleged in the F.I.R. that applicants assaulted the brother of opposite party no. 2 with lathi and danda as a result injured has received grievous injuries. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. The allegation alleged in the F.I.R. is false and baseless. The Investigating Officer collected evidence and submitted charge sheet against the accused applicants. It is next submitted that the injuries received by the injured are simple in nature. No one has received bone injury. The cognizance/summoning order passed by the learned Magistrate is without application of judicial mind. No offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The injured has received grievous injury. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 29.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad