Neutral Citation No. - 2025:AHC-LKO:36164 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5062 of 2025 Applicant :- Yusuf Ali And Ors. Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Anr. Counsel for Applicant :- Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. The present application u/s 482 Cr.P.C. has been moved with prayer to quash the proceedings of the criminal case and charge sheet no.175A/2018 as well as summoning order dated 04.12.2020 passed by the learned Civil Judge(S.D.)/F.T.C., Lakhimpur Kheri in Case Crime No.64 of 2015 (State vs. Saroj Kumar Verma and others), under Sections 419, 420, 467, 468, 471, 120B I.P.C. & Section 2/3 Prevention of Damage to Public Property Act, 1984, Police Station Dhaurahra, District Lakhimpur Kheri. It is submitted that in this case applicants are innocent and have falsely been implicated. The statements recorded by I.O. are false and frivolous and are not reliable even though learned Magistrate took cognizance of offence illegally without applying his judicial mind. Therefore, requested to quash the proceedings of criminal case as well as charge-sheet and order of taking cognizance dated 04.12.2020. Learned A.G.A. opposed the prayer for quashing the same and urged that in this case there is sufficient evidence against the applicants on the basis of which cognizance has been taken. At this stage, the statements of the witnesses cannot be said to be false but this can only be decided during the course of trial. Further contended that applicants may have an option to move application for discharge before the learned court concerned at appropriate stage. Therefore, there is no illegality in the order in question but this application being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, it appears that during investigation sufficient evidence was collected by the I.O. and charge sheet was submitted. On the basis of material on record learned court concerned took cognizance of the offences by applying its judicial mind. There is no illegality and impropriety in the impugned order. The reliability of statement of witnesses can only be tested during trial but not at this stage before this Court. Further applicants may have an option to move an application for discharge before the court concerned with their submissions and the same shall be decided by it, in accordance with law. Hence, there appears no any other ground for granting indulgence in favour of the applicants. Accordingly, this application u/s 482 Cr.P.C. is disposed of finally. Order Date :- 24.6.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench