Neutral Citation No. - 2025:AHC-LKO:10729 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1841 of 2016 Applicant :- Bahdur And Ors. Opposite Party :- The State Of Up And Anr. Counsel for Applicant :- Anuj Kumar Counsel for Opposite Party :- Govt. Advocate,Raj Kumar Verma Hon'ble Subhash Chandra Sharma,J. List revised. None appeared for the opposite party except learned A.G.A. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record. The present application u/s 482 Cr.P.C. has been moved with prayer to quash the Complaint Case No.602/2015 as well as summoning order dated 24.11.2015 passed by A.C.J.M., Court No.1, District Sitapur taking cognizance in the matter on 24.11.2015 in Complaint Case No.602/2015 (Sahajram vs. Bahadur and 2 others) u/s 504, 506, 427 I.P.C. and Section 3(1) (x) SC/ST Act, Police Station Sadarpur, District Sitapur. It is submitted by learned counsel for the applicants that in this case they are innocent and have falsely been implicated by the opposite party. Further submitted that no any damage to the lemon plant and wall was done by the applicants with tractor or trolley. No any word relating to the caste of the opposite party was spoken by the applicants in public place. It is further submitted that an application was given to the police station concerned by the complainant/opposite party in which no version of marpit was mentioned but later on such version was also added which makes the statement of the complainant unreliable. It is also submitted that applicant no.2 Santosh was at Ludhiyana but on account of enmity he was also named in the present case. There are contradictions in the statement of complainant u/s 200 Cr.P.C. and the witnesses u/s 202 Cr.P.C. even though learned trial court has passed the order for summoning the applicants u/s 504, 506, 427 I.P.C. & Section 3(1)(x) SC/ST Act, therefore, requested to quash the summoning and further proceedings of the case. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record, the version in application u/s 156 Cr.P.C. and the Statement of opposite party u/s 200 Cr.P.C. as well as the witnesses u/s 202 Cr.P.C., it appears that there is allegation of causing damage to the lemon plant and wall of the opposite party/complainant by tractor and trolley against the applicants. The allegation of abusing with words relating to the caste of the complainant has also been made against them. In this way, prima facie case u/s 504, 506, 427 I.P.C. is made out. The reliability of statements of witnesses can only be decided during the course of trial but at this stage is cannot be decided, therefore, this application being devoid of merit is liable to be dismissed. Accordingly, this application u/s 482 Cr.P.C. is, hereby, dismissed. However, the applicants may have an option to move for discharge before the learned court concerned at an appropriate stage which shall be heard and decided by learned court concerned, in accordance with law. Order Date :- 19.2.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench