Neutral Citation No. - 2025:AHC:28211 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3246 of 2025 Applicant :- Ram Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Lalit Kumar Shukla, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding of Case No. Nil of 2023 (State Versus Ram Pratap Singh) arising out of charge sheet dated 24.01.2023 filed in Case Crime No.511 of 2018, Under Section 420 I.P.C., Police Station Baldev, Baldev, District Mathura pending in the Court of Additional Civil Judge (Senior Division)- IV, Mathura as well as cognizance and summoning order dated 23.03.2023 passed by the Judicial Magistrate, Court No.10, Mathura. 3. Learned counsel for the applicant submits that a first information report stood lodged against the applicant and others under Sections 420, 467, 468, 471, 120B IPC by the opposite party no.2 with respect to forged and factious order of the Additional District Magistrate through one of the counsels. He further submits that a final report stood submitted before the court and thereafter a further investigation was conducted in exercise of power under Section 173(8) of the Cr.P.C. and now a charge sheet has been submitted. He next submits that once the final report stood submitted and upon the same notices were also issued then without there being any orders passed in it, it was not open for conducting fresh investigation. He also submits that the entire allegations are nowhere connected of the applicant. He seeks to rely upon the judgement of the Hon'ble Supreme Court in the case of Mohammad Wajid vs. State of U.P., Criminal Appeal No.2340 of 2023 decided on 8.8.2023 referring to para 30 that even a false and frivolous launching of criminal proceedings are to be interfered in the proceedings under Section 482 of the Cr.P.C. 4. Learned State Law Officer for the State on the other submits that on the perusal of the charge sheet which is being subject matter of challenge in the present proceedings, it will reveal that though post submission of final report, the competent, authority exercising the powers under Section 173(8) of the Cr.P.C. directed for further investigation and on the basis of the documents available on record, it was found that offences were made out, it thus submits that there is no procedural infirmity in this regard. 5. Having heard the learned counsel for the parties and after perusing the record, I am of the opinion that sufficient materials are already available on record, which show post exercise of powers under Section 173(8) of the Cr.P.C. criminality has been attributed. 6. Further at this stage, learned counsel for the applicant submits that he may be permitted to move an appropriate application for discharge also. 7. Learned AGA submits that it is always open for the applicant to take appropriate remedy which is permissible in law and the same would be at the stage when charges are framed. 8. Having heard learned counsel for the applicant and learned AGA, I am of the opinion that no interference is warranted in the present proceedings. 9. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. It is always open for the applicant to avail appropriate remedy as permissible and available in law and the Court has no reason to disbelieve that once a legal remedy available under law is availed then the same shall be decided strictly in accordance with law. Order Date :- 28.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad