Neutral Citation No. - 2025:AHC:73480 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44176 of 2024 Applicant :- Sandeep Gond Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Kumar Nishad,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 222 of 2024 dated 20.07.2024, Cognizance order dated 13.11.2024 as well as the entire proceedings of Case No. 13821 of 2024 (State Vs Prince Jaiswal & Others), arising out of Case Crime No. 111 of 2024, under Sections 406, 419, 420 IPC, P.S. Khukhundu, District- Deoria, pending in the Court of Additional Chief Judicial Magistrate (Junior Division)/Judicial Magistrate, Deoria, Court No. 25. 3. It is alleged in the FIR that son of the informant, namely, Shoaib Siddhiqui was preparing for the examination of NEET and in the meantime, accused Prince Jaiswal met to the informant and promised the informant to clear the examination of NEET of his son and provide him admission in the concerned college. Thereafter, he introduced the informant with one Deepak Kanaujiya showing him as NTA Officer and took Rs. 42 lacks from the informant and cheated the informant. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is false, baseless and without support of any cogent evidence. I.O. has not collected any cogent evidence to prosecute the applicant in the present case. Learned Magistrate without applying his judicial mind took cognizance and issued summons against the applicant. In support of his submissions learned counsel for the applicant has placed reliance upon the judgment of Hon'ble Apex Court in Lalit Chaturvedi & Others Vs. State of Uttar Pradesh & Others, 2024 0 Supreme(SC) 190 and submits that proceedings under Sections 406 & 420 IPC cannot run simultaneously. 4. Per contra, learned A.G.A. opposed the arguments raised by applicant's counsel and submits that submissions raised by learned counsel for the applicant are factual aspects of the matter, which cannot be considered at this stage by this Court in exercise of power under Section 482 Cr.P.C. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that applicant has intentionally cheated the informant and took Rs.42 lakhs on the false promise that they would clear the examination of NEET of informant's son and will provide him admission in the concerned college. Trial Court has took cognizance under Sections 406, 419 & 420 IPC. Reliance placed upon the judgment in Lalit Chaturvedi (Supra), is not applicable in the present case as Trial Court has taken cognizance under Sections 406, 420 with Section 419 IPC. Applicant has remedy to raise this objection at the time of framing of charge. Investigating Officer has submitted charge-sheet under Sections 406, 419 & 420 IPC. No interference is warranted by this Court at this stage. 6. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court at this stage. The relief as claimed by the applicant through this application is refused. 7. The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage. 8. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within thirty days, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. 9. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 7.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad