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2025 DAILYLAW 132327 (ALL)

RAM JANAK SINGH (IN FIR RAM MILAN SINGH) AND 2 OTHERS v. STATEOF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3025/2025 · 2025-04-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20896 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3025 of 2025 Applicant :- Ram Janak Singh (In Fir Ram Milan Singh) And 2 Others Opposite Party :- Stateof U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Baljeet Singh,Shailendra Kumar Singh 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 summoning order dated 12.11.2024 passed by the Chief Judicial Magistrate, Bahraich in Criminal Case No. 2705/2024 arises out of Case Crime No. 220/2023 under Sections 323, 504, 498-A IPC and Section 3/4 Dowry Act, P.S. Kotwali Nagar, District Bahraich pending in the court of Chief Judicial Magistrate, Bahraich and also quashing the charge- sheet dated 3.4.2024 submitted by the Investigating Officer. The contention of the counsel for the applicants is that no offence against the applicants 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 their 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 applicants. The submissions made by the counsel for the applicants 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 and the charge-sheet 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