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2025 DAILYLAW 13153 (ALL)

LAL PRATAP v. STATE OF U.P. AND 2 OTHERS

NA528/4216/2025 · 2025-02-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21100 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4216 of 2025 Applicant :- Lal Pratap Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sakshi Patel,Shiv Naresh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Ram Sajiwan Prajapati (A/R 0900/12), advocate holding brief of Ms. Sakshi Patel, learned counsel for the applicant and Sri Moti Lal, learned AGA for the State-opposite party no. 1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the order dated 30.01.2024 as well as entire proceedings of Criminal Revision No.55 of 2024 (Lal Pratap Vs. State of U.P. and others), in Criminal Misc. Application no.979 of 2023 (Lal Pratap v. Arpit Mishra), pending before the court of learned Chief Judicial Magistrate, Jaunpur. 3. Learned counsel for the applicant submits that cognizable offence stood made out, particularly, when the applicant's signature was obtained on a blank papers and also on the cheques and though the applicant does not dispute the factum of receiving financial assistance but the applicant was not in a position to pay the said amount in one go and so the applicant requested for the payment to be made in installments, however, the opposite party nos. 2 and 3 exerted pressure, pursuant whereto, the offences stood made out under Sections 420, 406, 467, 468, 471 IPC. 3. Learned AGA on the other hand has argued that both the court below have applied their mind, as a matter of fact merely on asking the first information report cannot be directed to be lodged. He further submits that it is contractual dispute regarding payment of amount and no criminality can be attributed. 4. I have heard learned counsel for the parties and gone through the records that the narration of the allegations contained in the application itself does not in any manner whatsoever to indicate or show application of the penal sections, moreover, there is nothing on record to show that there was any maltreatment done as the report itself does not also indicate the same. 5. Accordingly, the present application stands consigned to record. Order Date :- 13.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad