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2025 DAILYLAW 132545 (ALL)

RANJEET BHARTI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/3004/2025 · 2025-04-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20893 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3004 of 2025 Applicant :- Ranjeet Bharti And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Surya Prakash,Arsh Bugga 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 10.1.2024 as well as entire proceedings of Criminal Case No. 1911/2024 arising out of Charge-sheet No. 01/2023 dated 19.11.2023 in Case Crime No. 300/2023 under Section 406 IPC, P.S. Tarabganj, District Gonda pending in the court of Additional Chief Judicial Magistrate 1st, Gonda. 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 entire 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