Neutral Citation No. - 2025:AHC-LKO:36361 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5101 of 2025 Applicant :- Kallu Alias Kallu Soni And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shiv Shanker Sen 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 impugned charge sheet no.01 dated 22.02.2023, arising out of F.I.R. No.0721/2021, under Sections 419 and 420 I.P.C., Police Station Lalganj, District Pratapgarh, as well as entire proceeding of Criminal Case No.616 of 2024 including summoning order dated 27.08.2024. 3. It is submitted by the learned counsel for the applicants that the present applicants are innocent and have been falsely implicated in this case. His further submission is that the alleged incident relates to the year 1993, yet the FIR was lodged in 2021 after an unexplained delay of about twenty-eight years. The sale of the land-in- question was conducted through a duly registered sale deed executed on 03.03.1993, followed by proper mutation proceedings, making the transaction valid and binding. The petitioners have been in possession of the land ever since, and the revenue records stand in their favor. In these circumstances, it is apparent that the FIR is an afterthought, filed with an ulterior motive to harass the petitioners. 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. 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 charge sheet as well as the order taking cognizance, be quashed. 5. Learned A.G.A. has opposed the aforesaid prayer and contended that the petitioners deceitfully and fraudulently executed a sale deed of the land of the complainant, who is an illiterate and old woman. 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 facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record, there appears no ground to grant any indulgence in favour of the applicants at this stage, as a result, prayer for quashing the entire proceedings of the case, including the charge sheet as well as the order taking cognizance is hereby refused. Further, applicants may have an option to move an application for discharge through counsel before the learned trial court which shall be heard and decided in accordance with law on the basis of material on record. 7. Accordingly, this application is disposed of finally. (Subhash Chandra Sharma, J) Order Date :- 25.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench