RAVINDRA PANDEY @ SANTOSH PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/2583/2025 · 2025-04-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129352 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129352 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17998 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2583 of 2025 Applicant :- Ravindra Pandey @ Santosh Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Tripathi B.G. Balak Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. now 528 BNSS has been filed with the following prayers :
"to quash the entire proceeding of the Criminal Case No.117502/2024 (State versus Ravindra Pandey @ Santosh and others), relating to Charge Sheet submitted by the police/ Investigating Officer in Case Crime No.133/2024, under Section 323, 504, 506 I.P.C., P.S. Vazeer Ganj, Lucknow, pending before the Additional Chief Judicial Magistrate - VII, Lucknow, including the Cognizance and summoning order dated 02.12.2024, as well as Charge sheet also."
3. Learned counsel for the applicant has submitted that due to the rivalry between the parties, an F.I.R. was lodged by the complainant against the applicant and the applicant has falsely been implicated in an incident which was started by the complainant and his companions, who had committed the offence. 4. It is further submitted that Applicant No.1 has also later on lodged an F.I.R. against the complainant and his other co- accused persons. 5. It is further submitted that there is no grievous hurt or injuries on either side, which would be seen from the injury report. 6. On the other hand learned A.G.A. has opposed the submission made by the learned counsel for the applicant, who has submitted that the incident had occurred, so this Court may not look into the matter in the proceedings to find out who is the aggressor under Section 482 Cr.P.C. / 528 BNSS as the
same may be seen during the trial. 7. After hearing learned counsel for the parties and going through the record, it is an admitted case that the F.I.Rs. were lodged by both the sides against each other for the same incident, meaning hereby undisputed by the incident had taken place and now who is aggressor for the said incident cannot be seen in the proceeding under Section 482 Cr.P.C. / 528 BNSS. It requires adducing of evidence by the parties during the trial. 8.
Hence, the present applicant under Section 482 Cr.P.C. / 528 BNSS is devoid of merits and it is accordingly dismissed. Order Date :- 1.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench