Neutral Citation No. - 2025:AHC-LKO:21067 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3178 of 2025 Applicant :- Subhash Chandra Srivastava And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And Another Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed by the applicants for quashing the Charge Sheet No.133 of 2024 dated 30.03.2024 as well as summoning order dated 14.08.2024 passed by the Civil Judge (Senior Division), F.T.C., Court No.38, Barabanki in Crime No.40 of 2024, under Sections 420 and 406 I.P.C., P.S. Mohammadapur Khala, District Barabanki. 3. 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. 4. 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. 5. 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 question of fact which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 6. At this stage, only prima facie case is to be seen in the light of the law laid down by the 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. 7. The relief as sought by the applicants is refused. 8. 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 within four weeks from today, and in case they apply for bail, the bail application of the applicants shall be disposed of 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). 9. 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. 10. With the above observations and directions, the present application under Section 482 Cr.P.C. is disposed of. Order Date :- 15.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench