YUVRAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2931/2025 · 2025-04-16
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132199 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132199 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21328 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2931 of 2025 Applicant :- Yuvraj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Aman Agarwal,Shivam Shukla Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed to set aside the entire criminal proceedings of Criminal Case No. 112855 of 2024 (State Vs. Yuvraj Singh And Others) pending before learned Additional Chief Judicial Magistrate-II, Lucknow, arising out of Case Crime No. 818 of 2019, under Sections 354, 454Kha & 506 IPC, Police Station- Vibhuti Khand, District- Lucknow, as well as summoning order dated 21.11.2024 and charge sheet dated 07.02.2021 so far it relates to the applicant as well as to stay the further proceedings of the aforesaid criminal 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. The prayer for quashing the proceedings is refused. With the aforesaid observations, the application is rejected. Order Date :- 16.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench