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2025 DAILYLAW 112740 (ALL)

BHRIGUNATH PATHAK AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/44063/2024 · 2025-05-06

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73231 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44063 of 2024 Applicant :- Bhrigunath Pathak And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Santosh Kumar Singh, 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 entire proceeding of Case No. 875 of 2023 (State Vs. Bhrigunath Pathak and another) arising out of Case Crime No. 70 of 2023, U/s 323, 504, 506 of IPC, P.S. Kotwali, District Jaunpur and cognizance order dated 23-05-2023 passed by Chief Judicial Magistrate, Jaunpur. 3. Allegation in FIR against the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. No case under the alleged sections is made out. 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 applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within two 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. 7. With the above directions, this 482 application is disposed of. Order Date :- 7.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad