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2025 DAILYLAW 127814 (ALL)

AMAN LODHI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/2235/2025 · 2025-03-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15603 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2235 of 2025 Applicant :- Aman Lodhi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ram Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 528 B.N.S.S has been preferred by the applicants with the prayer to quash the impugned summoning order dated 18.12.2023, passed by the learned Chief Judicial Magistrate, Unnao in Case no. 17665 of 2023, State versus Updesh Lodhi and others arising out of Case Crime No. 133 of 2023, under Sections 147, 148, 149, 332, 353, 352, 504, 506 and Section 7 Criminal Law Amendment Act, P.S Dahi, District Unnao as well as impugned chargesheet dated 26.07.2023, under Sections 47, 148, 149, 332, 353, 352, 504, 506 and Section 7 Criminal Law Amendment Act, P.S Dahi, District Unnao along with entire proceedings of Case No. 17665 of 2023, State versus Updesh and others pending before learned Chief Judicial Magistrate, Unnao. 2. Learned counsel for the applicant has submitted that no such incident had taken place as alleged in the F.I.R that the applicants along with other co-accused persons (family members) had attacked the government officials. 3. It is further submitted that the applicants have falsely been implicated in the present case. The applicants were not present at the time of the alleged incident. In support of his submission, he has relied upon the statement of Kshetriya Lekhpal wherein, he had made a statement that on the Gram Sabha land, Sainyog, Piyush and Satyam were raising construction and prior to determining the demarcation as per the map, the accused persons started hurling abuses and became physical with the Official team. 4. On the other hand, learned A.G.A has submitted that a chargesheet has already been filed against all the accused persons and there is injury to some of the officers for which the injury report was also filed before the trial court, which proves the occurrence of the incident which is denied by the applicants. 5. After hearing learned counsel for the parties, going through the records of the case, prima facie, it is found that some incident had occurred, which is denied by the applicants and that could only be decided by leading evidence. The truthfulness of the incident cannot be seen at this stage by holding the mini trial in the matter under the proceedings under Section 528 B.N.S.S. 6. In view of the above, the present application under Section 528 B.N.S.S is devoid of merits hence does not call for any interference and is accordingly dismissed. Order Date :- 17.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench