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2025 DAILYLAW 11348 (ALL)

ANKIT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/2769/2025 · 2025-01-27

Nand Prabha Shukla

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:13789 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2769 of 2025 Applicant :- Ankit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Jaysingh Yadav, learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.05.2024, cognizance order dated 23.10.2024 as well as the entire criminal proceedings of Case No. 16372 of 2024 (State Versus Ankit and others) pending in the court of learned Chief Judicial Magistrate, Lalitpur arising out of Case Crime No. 0309 of 2024 under Sections 147, 149, 323, 308, 504, 506 I.P.C., Police Station- Kotwali Lalitpur, District Lalitpur. 3. 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. 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. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. 4. Accordingly, prayer of the applicants is refused. 5. However, in view of the submissions, it is provided that in case the applicants move an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter. 6. Till the disposal of the discharge application, no coercive action shall be taken against the applicants. 7. With the aforesaid direction, this application is disposed of. Order Date :- 27.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad