Neutral Citation No. - 2025:AHC-LKO:16081 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1641 of 2025 Applicant :- Fahd Azeem Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Shishir Chandra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. The present application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been preferred with the following main prayer :- "To quash /set aside the order dated 23.01.2025 by the learned Additional District and Sessions Judge, Court no. 18, Lucknow in Criminal Revision No. 769 of 2008, whereby the order dated 30.11.20185, passed by the learned Additional Chief Judicial Magistrate-V, Lucknow, in Case No. 315 of 2016; arising out of Case Crime No. 403 of 2014, under Sections 403 and 506 I.P.C, lodged at P.S, Chowk, Lucknow and also for setting aside the order dated 30.11.2018, passed by learned ACJM-V, Lucknow in Case No. 315 of 2016, arising out of Case Crime No. 403 of 2014, under Sections 403 and 506 I.P.C, lodged at P.S, Chowk, Lucknow as well as the entire proceedings of Case No. 315 of 2016 arising out of Case Crime No. 403 of 2014, under Sections 403 and 506 I.P.C, lodged at P.S, Chowk, Lucknow " 3. Learned counsel for the applicant has submitted that the First Information Report was lodged on 23.08.2014 by Dheerendra Kumar Awasthi, i.e. respondent no. 2, against the applicant and his father Zia-ul-Azeem alleging that he had gone to the La Martinere School in the year 2012 for admission of two children, where he met one Zia-ul-Azeem, who was proclaiming himself to be caretaker of La Martinere School and he assured the admission of the children of the complainant and for that, he took Rs. 4 lakhs and when the children of the complainant did not get admission, he asked for refund of the money, which was refused by Zia-ul-Azeem and the applicant and also threatened that if in future, the money is demanded, the complainant will face the dire consequences and the future of the children would be ruined. 4. It is further submitted that the allegation in the F.I.R for taking money and for assuring admission in the institution was alleged to be made by the father of the applicant Zia- ul-Azeem, who had expired in the year 2018 and there is no allegation against the applicant in the F.I.R . 5. It is further submitted that the applicant had moved a discharge application under Section 239 Cr.P.C which was rejected without application of mind and without considering the police report and the documents sent alongwith it under Section 173 Cr.P.C. The said discharge application was rejected by the Court concerned by passing the impugned order dated 30.11.2018 against which a criminal revision was preferred which was dismissed by the court affirming the order dated 30.11.2018, passed by the learned Additional Chief Judicial Magistrate-V in Case No. 315 of 2016, hence the present application has been preferred. 6. On the other hand, learned A.G.A has submitted that there are allegations against the applicant also in the First Information Report and the said allegations were found to be correct as per the statements given by two independent witnesses during investigation, which were filed alongwith the chargesheet and the same have been brought on record by the applicant by filing the supplementary affidavit filed today. 7. It is further submitted that a cheque of Rs. 4 lakhs issued by the father of the applicant to return the money which was taken by him and this cheque is also a part of the record filed alongwith the chargesheet, meaning hereby that there is truthfulness in the allegations made in the F.I.R. 8. After hearing learned counsel for the parties and going through the records of the case, it is found that there is no illegality in the order dated 30.11.2018, which has been affirmed by the Revisional court by passing an impugned order dated 23.01.2025, in Criminal Revision NO. 769 of 2008 as there was statement of two witnesses naming the applicant to be present alongwith his father late Zia-ul- Azeem at the time of acceptance of the money, so the order has been passed after considering the material provided by the police as under Section 173 Cr.P.C. The submission made by learned counsel for the applicant could not be seen in the present proceedings as this Court would not conduct a mini trial at this stage. The allegations made and the material available requires adducing of evidence, examination-in-chief, cross-examination etc. 9. In view of the above facts, circumstances and discussions made hereinabove, there is no illegality in the impugned orders passed by the courts below and thus, no interference is called for. 10. The present application is devoid of merits hence dismissed. Order Date :- 20.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench