GOMTI SINGH AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/3034/2025 · 2025-04-15
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132731 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21059 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3034 of 2025 Applicant :- Gomti Singh And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Manish Soni,Ramesh Gupta 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 entire criminal proceeding of Criminal Case No. 4240 of 2025 (State vs. Gomti Singh and others) arising out of Case Crime No. 174 of 2024 under Section 452, 354, 323, 504, 506 IPC relating to Police Station Kotwali, District Unnao pending in the court of learned Civil Judge (J.D.) FTC (CAW), Unnao including the impugned summoning order dated 05.02.2025 passed by the learned Civil Judge (J.D.) FTC (CAW), Unnao, summoning the applicant No. 1 and 2 under Section 452, 323, 504, 506 IPC and applicant No. 3 and 4 under Section 452, 354, 323, 504, 506 IPC and charge sheet No. 291 of 2024 dated 23.06.2024 submitted by the investigating officer of the aforesaid case crime number. 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/(Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench