Neutral Citation No. - 2025:AHC-LKO:21262 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3152 of 2025 Applicant :- Habeeb Ahamad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Verender Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Sri Sharad Pathak, Advocate has filed Vakalatnama on behalf of respondent no.2 today, which is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Sharad Pathak, learned counsel for respondent no.2. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing the Charge Sheet dated 30.11.2024 arising out of Case Crime No.198 of 2022, under Sections 417, 465, 467, 468, 471 and 120B of I.P.C., P.S. Utraulia, District Balrampur as well as summoning order dated 21.02.2025 passed by the Chief Judicial Magistrate, Balrampur. 4. Learned counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 5. Learned counsel for the applicants though argued the matter vehemently, but could not make out a case for quashing of the charge sheet under Section 482 Cr.P.C. He lastly submits that appropriate direction be issued to the Court below to consider the bail application of the applicants in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. 6. From the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 7. At this stage only prima facie case is to be seen in the light of the law laid down by Apex Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. 8. The relief as sought by the applicants is refused. 9. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Court below a within four weeks from today, and in case they apply for bail, the bail application of the applicants shall be disposed off expeditiously by the Court below in accordance with law and keeping in view the guidelines laid down by the Apex Court in the case of Satender Kumar Antil (supra). 10. For the period of four weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, they shall not be arrested in the above case. 11. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off. Order Date :- 16.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad, Lucknow Bench