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2025 DAILYLAW 115411 (ALL)

DEVENDRA YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

/125/2025 · 2025-01-09

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1851 Court No. - 18 Case :- APPLICATION U/S 482 No. - 125 of 2025 Applicant :- Devendra Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anurag Misra,Chandan Tiwari,Himanshu Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the charge-sheet no.01 of 2023 dated 04.11.2023 as well as summoning order dated 28.11.2024 and the criminal proceedings of Criminal Case No.113785 of 2024 titled as State Vs. Devendra Yadav, arising out of Case Crime No.0284 of 2023, under Section 336 I.P.C. and Section 30 Arms Act, Police Station Aliganj, District Lucknow pending before Additional Chief Judicial Magistrate-II, Lucknow. Learned counsel for the applicant while referring to the grounds raised in this application has submitted that the prosecution of applicant is apparently misuse of the process of law, therefore, interference is warranted by this Court by exercise of inherent powers under Section 482 CrPC. He prays that the proceedings of aforesaid Sessions Trial, be quashed, in the interest of justice. During the course of hearing, it is not disputed by learned counsel that the offences contained in the FIR as well as in the impugned final report relate to the offences against human body and the case of the prosecution is based upon the evidence of injured/victim. Apart from this, it is also fairly stated by learned counsel that the impugned final report has not yet been considered by the trial court, as the charges against the accused have not been framed. After hearing the learned counsel, this Court finds that concededly the final report under Section 173(2) Cr.P.C. is yet to be considered by the trial court as the charges against the applicants have not been framed so far, therefore, keeping in view of the decision of Hon'ble Apex Court in the case of Dharmatma Singh vs. Harminder Singh & Ors. passed in Criminal Appeal No.1126 of 2011 (3) RCR Criminal 38, this Court is of the considered opinion that the grounds raised by the applicants herein can also be pressed before the trial court at an appropriate stage. Resultantly, without meaning any expression of opinion on the merits of this case, no case is made out for interference by way of exercise of inherent powers under Section 482 Cr.P.C. However, it shall be open for the applicant to raise all the grounds pleaded in this application, before the trial court at the stage of consideration of final report. The application fails and is hereby, dismissed. Order Date :- 9.1.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench