DURGA PRASAD SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LUCKNOW
A482/3022/2025 · 2025-04-15
Salil Kumar Rai
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 132319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132319 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20894 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3022 of 2025 Applicant :- Durga Prasad Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow Counsel for Applicant :- Kamlesh Singh,Manjusha Kapil,Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the order dated 5.4.2022 passed by the Additional Chief Judicial Magistrate (C.B.I.), Ayodhya Prakaran, Lucknow in Criminal Case No. 0085/2019 filed under Sections 406, 420, 467, 468, 471, 506 IPC, P.S. Ashiyana, District Lucknow. 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 :- 15.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench