GANGA DULARI v. STATE OF U.P. THRU. PRIN. SECY, HOME LKO AND ANOTHER
A482/2869/2025 · 2025-04-16
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131900 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131900 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21287 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2869 of 2025 Applicant :- Ganga Dulari Opposite Party :- State Of U.P. Thru. Prin. Secy, Home Lko And Another Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings including the charge-sheet No. 107 dated 9.4.2024 filed in F.I.R./Case Crime No. 0644 of 2023, under Sections 448, 427, 504 and 506 I.P.C., Police Station-Gangaghat, District-Unnao. The contention of the counsel for the applicant is that no evidence against the applicant for the offefnces charged and the present prosecution has been instituted with a malafide intention to harass the applicant. 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. The Court does not find any illegality in the charge-sheet. The prayer for quashing the proceedings and the charge- sheet is refused. With the aforesaid observations, the application is rejected.
Order Date :- 16.4.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench