Neutral Citation No. - 2025:AHC-LKO:19250 Court No. - 14 Case :- APPLICATION U/S 482 No. - 64 of 2025 Applicant :- Mahmood Khan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Aditya Vikram Shahi,Shradha Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present application has been filed under Section 482 Cr.P.C/528 B.N.S.S. with following main prayer:- "For the facts, reasons, and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 1321/24 State Versus Tejinder Singh and others, arising out of Case Crime No. 0171/2024 under Section 420 of the Indian Penal Code, relating to Police Station Mohammadi, District Kheri, pending in the Court of learned Additional Chief Judicial Magistrate Mohammadi Kheri impugned charge sheet dated 02.07.2024 submitted by the Investigating Officer against the applicant and others in aforesaid Case Crime No. as well as impugned cognizance order dated 30.08.2024 passed by the learned Additional Chief Judicial Magistrate, Mohammadi Kheri, as contained in Annexure no. 1 and 2 respectively to this petition, so far as the same are related to the petitioner, in the interest of law and justice." Learned counsel for the applicant has submitted that an F.I.R. dated 15.03.2024 has been lodged under Section 420 against the named accused persons including the present applicant for committing forgery and misappropriation and embezzlement of funds. It is further submitted that in the FIR no specific allegation has been levelled against the applicant and even in the charge-sheet, the Police has not assigned any specific role to the applicant and the same has simply been filed while taking into consideration the inquiry report of the Officer, who had conducted the departmental inquiry against the applicant and other co-accused persons. On the other hand, learned A.G.A. has submitted that the charge-sheet has been filed not merely on the basis of inquiry report but after recording the statements and the inquiry report, in which there is specific allegation against the applicant and there is a finding that the same has been accepted by the applicant and other co-accused persons so the prima-facie material was available before the court concerned for taking cognizance and issuing summons to the applicant. After hearing learned counsel for the parties and going through the record of the case, it is found that the submission made by the learned counsel for the applicant that no specific role or allegation was assigned to the applicant and in absence thereof, the order has been passed by the concerned court without application of mind, is not acceptable for the reason that there was sufficient material which was available before the concerned Magistrate is the charge-sheet alongwith statement and the inquiry report where the specific allegation was levelled against the applicant i.e. sufficient at the time of taking cognizance and summoning the applicant. In view of the aforesaid, the present case is devoid of merits hence, dismissed. Order Date :- 5.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench