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2025 DAILYLAW 146169 (ALL)

DARMENDRA PRASAD SINGH AND DHARMENDRA SINGH AND 4 OTHERS v. STATE OF U.P. THRU. ACS / PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5013/2025 · 2025-06-23

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36035 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5013 of 2025 Applicant :- Darmendra Prasad Singh And Dharmendra Singh And 4 Others Opposite Party :- State Of U.P. Thru. Acs / Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Manuvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the B.W. dated 23.05.2025 & cognizance order dated 22.11.2022 passed by the Court of Special Judge SC/ST Act, District Pratapgarh, which has been taken on the charge sheet dated 26.10.2022, arising out of the case crime No.108 of 2020, under Sections 147, 323, 504, 506 I.P.C. and 3(1) (Da), 3(1)(Dha), 3(2)(Va) SC/ST Act, Police Station Kandhai, District Pratapgarh as well as the entire proceeding of Criminal S.T. No.1395/2022, State vs. Chandra Bahadur Singh and others, which is pending before the Special Judge SC/ST Act, District Pratapgarh. 3. It is submitted by the learned counsel for the applicants that the present applicants have been falsely implicated by the informant, and no such incident, as alleged, ever took place. He further submits that it was, in fact, the informant's side that assaulted the applicants' side, regarding which an F.I.R. was lodged against the informant's side. In retaliation, the present F.I.R. was lodged against all the members of the applicants' family with false allegations of insult and marpeet (physical assault). 4. He also submits that during the course of investigation, no proper material was collected by the Investigating Officer. Nevertheless, a charge sheet was filed against the applicants, based on which the learned trial court took cognizance of the offences and even issued a bailable warrant for their appearance. Since there is no sufficient material on record to make out a prima facie case against the applicants, it is prayed that the entire proceedings of the case, including the summoning order as well as the order taking cognizance, be quashed. 5. Learned A.G.A. has opposed the aforesaid prayer and contended that in this case, four persons are injured and the injuries were sustained in the same incident. The incident took place at the door of the informant, in which the informant and other members of the family were insulted with words relating to their caste. On the basis of the fact that the F.I.R. was lodged earlier by the applicants, the present incident cannot be said to be false. Therefore, there is no ground for quashing the entire proceedings of the case, including the charge sheet as well as the order passed by the learned trial court taking cognizance of the offences. He further contends that the applicants may have an option to move an application for discharge before the learned trial court concerned at an appropriate stage. 6. On considering the submissions made by the learned counsel for the applicants, the learned A.G.A. for the State, and upon perusal of the contents of the F.I.R., the material collected during the course of investigation, the charge sheet, as well as the order dated 22.11.2022 passed by the learned trial court taking cognizance, no ground appears to be made out for quashing the entire proceedings of the case, including the charge sheet and the order dated 22.11.2022. Further the applicants may have an option to move an application for discharge before the learned trial Court at appropriate stage which shall be heard and decided by the learned trial Court on the basis of material on record in accordance with law. 7. Accordingly, this application is disposed of finally. (Subhash Chandra Sharma, J) Order Date :- 23.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench