MANAS AWASTHI v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2674/2025 · 2025-04-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130055 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18579 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2674 of 2025 Applicant :- Manas Awasthi Opposite Party :- State Of U.P. Thru. Principal Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shiv Prakash Mishra,Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with a prayer to quash the entire criminal proceeding of Case No. 11915 of 2025 'State of U.P. vs. Manas Awasthi' arising out of case crime no. 367 of 2024, registered at Police Station PGI, District Lucknow, under Sections 504, 506 IPC and Section 67 of I.T Act including the impugned charge sheet No.1 dated 21.06.2024 filed in the aforesaid case crime as well as the impugned summoning order dated 28.01.2025.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case and has submitted that it appears that his Instagram ID was hacked by his ex-girlfriend. On the other hand, learned AGA has submitted that at the same time, applicant has made an averment in para 10 of the affidavit filed alongwith the application that Instagram ID was connected with Mobile No. 9936705806 which was used by the applicant prior to lodging of the FIR and further the same is still in use. This disputed question whether the Instagram ID was hacked by the ex-girlfriend of the applicant cannot be investigated in the present proceedings under Section 482 Cr.P.C./528 B.N.S.S. For determination of the allegations made against the applicant, the matter requires adducing of evidence and this Court cannot hold a mini trial under the proceedings under Section 482 Cr.P.C./528 B.N.S.S. The application is devoid of merits and is accordingly dismissed.
Order Date :- 3.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench