Neutral Citation No. - 2025:AHC-LKO:19686 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2652 of 2025 Applicant :- Abhishek Verma Opposite Party :- State Of U.P. Govt. Thru. Secy. Civil Lko And Another Counsel for Applicant :- Smita Singh,Avinash Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. The present application under Section 482 Cr.P.C./now 528 BNSS has been filed with the following main reliefs: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire Criminal proceeding of the Case Crime No-1336/2016, Case NO. 3137 of 2022, (State Versus Govind Prasad and others); Under Sections-323, 336, 504, 506, 427 I.P.C., relating to Police Station-Kotwali Sadar, District-Unnao, Pending in the Court of Learned Additional Chief Judicial Magistrate, Court No. 1, District- Unnao, and impugned order dated 03.10.2024 passed by Learned Additional Judicial Magistrate, Court No. 1, District- Unnao as well as order dated 24.12.2024 passed by Learned Session Judge, Unnao in criminal revision No. 180 of 2024 (Govind Prasad and Others Versus State of U.P. and others) Contained as Annexure No. 1 and 2 to this petition, in the interest of law and justice." 3. Learned counsel for the applicant has submitted that the opposite party no. 2 has lodged an FIR on 29.12.2016 under Sections 336, 323, 504, 506 and 427 IPC against the applicant and two other accused persons, alleging therein that the applicant along with two other co-accused persons had broken the lock of the gate of the property of the complainant and put the lock from inside and when the complainant came to know about the same from his neighbour on telephone, he reached there along with his nephew and found that the gate is locked from inside. Thereafter his nephew jumped the boundary wall and tried to open the lock, at that time, the applicant and two other co-accused persons had started hurling abuses and beaten his nephew with bricks and stones. 4. It is further submitted that the said FIR has been lodged just to falsely implicate the applicant and there is a civil dispute also pending between the parties regarding plot no. 4166 area 125.46 sq. meter so the dispute of civil nature has been given the colour of criminal case. 5. It is also submitted that after the investigation, a charge sheet has been filed against the applicant and two other co-accused persons and the Magistrate had taken a cognizance and issued a summoning order against the applicant and two other co-accused persons. The applicant moved the discharged application before the court concerned which was rejected against which the revision was preferred which was also dismissed without application of mind. 6. On the other hand, learned AGA has submitted that a detailed order has been passed by the courts concerned after hearing the applicant for discharge/revision preferred by the applicant. Learned AGA has further submitted that the incident had occurred, therefore, cognizable offence is made out against the applicant as per the material available on record so there is no illegality in the orders passed by the courts concerned and the present application is liable to be dismissed. 7. After hearing learned counsel for the parties, going through the record of the case, medical report of the nephew of the complainant, which has been enclosed as Annexure-7 page 85 of the paper book in which seven injuries were found on the body of the nephew and as per the medical report, the injury is of about half to one day old and the incident, as alleged in the FIR, was occurred at 12 AM on 29.12.2016 whereas the medical examination was conducted at 12 PM on 29.12.2016. 8. In view of the discussions made hereinabove, in the present application no interference is called for in the orders passed by the courts below, the application is devoid of merits hence dismissed. Order Date :- 8.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench