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2025 DAILYLAW 131298 (ALL)

APURVA DIXIT v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/2785/2025 · 2025-04-18

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21897 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2785 of 2025 Applicant :- Apurva Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Pranjal Krishna,Aman Prakash,Shahla Zubair Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal prosecution in Criminal Case No. 2772 of 2024 (State of U.P. Vs. Apurva Dixit And Others), arising out of Crime No. 0570 of 2020, registered under Sections 342 & 306 IPC at Police Station- Hargaon, District- Sitapur as well as for quashing the charge sheet dated 13.11.2024 and the the cognizance order dated 30.11.2024 in the aforesaid case. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. The submissions made by the counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force. It is evident from the records annexed with the application that there is an expert evidence certifying the suicide note, accordingly, the prayer for quashing the proceedings of the aforesaid case is refused. With the aforesaid observations, the application is rejected. Order Date :- 18.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench