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2025 DAILYLAW 132341 (ALL)

MOHD. FAZLUL QADEER v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND ANOTHER

A482/3096/2025 · 2025-04-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21178 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3096 of 2025 Applicant :- Mohd. Fazlul Qadeer Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. And Another Counsel for Applicant :- Rakesh Kumar,Pramod Kumar Chaudhary 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 summoning order dated 20.6.2023 passed by the Additional Chief Judicial Magistrate IVth, Lucknow and the charge-sheet No. 1 of 2022 dated 28.9.2022 in Case Crime No. 96 of 2022, under Sections 406, 420 I.P.C. and 138 of Negotiable Instrument Act, 1881, Police Station- Vikas Nagar, 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 and the charge- sheet is refused. With the aforesaid observations, the application is rejected. Order Date :- 15.4.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench