SACHIN DHOBI @ SACHIN KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/368/2025 · 2025-01-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117601 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117601 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2942 Court No. - 12 Case :- APPLICATION U/S 482 No. - 368 of 2025 Applicant :- Sachin Dhobi @ Sachin Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Kumar Mishra,Abhishek Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. By means of this application, the applicant has prayed for the following main relief(s):-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to quash/set-aside the entire proceedings of S.T. No. 867/2024 (State Versus Sachin) arising out of impugned charge-sheet No. 423/2023, dated 25.12.2023 filed by the investigating officer in Case Crime No. 0400/2023 Under Section-376, 452, 354 & 506 I.P.C. pertaining to Police Station-Pali, District-Hardoi as well against the impugned summoning order dated 31.01.2024 passed by the court of learned Additional Chief Judicial Magistrate- First, Hardoi in S.T. No. 867/2024 (State Versus Sachin), contained as Annexure No. 1 & 2 respectively to the instant petition." A perusal of above quoted relief as also the contents of the instant application would indicate that the applicant has approached this Court for quashing the entire proceedings of S.T. No. 867/2024 (State Versus Sachin) arising out of Case Crime No. 0400/2023, under Sections-376, 452, 354 & 506 I.P.C., Police Station- Pali, District- Hardoi. From the aforesaid, it is apparent that while dealing with the issue pertaining to quashing of criminal proceedings in the instant case, this Court while exercising the jurisdiction under Section 482 Cr.P.C. (now repealed) and Section 528 of Bharatiya Nagrik Suraksha Sahinta, 2023 (in short "B.N.S.S.") has to consider as to whether prima facie, no case is made out against the accused. From a bare reading of FIR and the statement(s) of victim/complainant recorded in terms of Sections 161 & 164 Cr.P.C., this Court is of the view that at this stage, it cannot be said that no offence is made out against the applicant and accordingly, this Court finds no force in the submissions advanced by the applicant's counsel that no case is made out against the applicant. The instant application is accordingly dismissed. Order Date :- 17.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench