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2025 DAILYLAW 146971 (ALL)

BHUPENDRA SINGH AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5139/2025 · 2025-06-26

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36506 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5139 of 2025 Applicant :- Bhupendra Singh And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Brij Mohan Sahai,Amar Singh,Ashutosh Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Vakalatnama filed by Sri Diwakar Singh Kaushik and Sri Sumit Kumar Srivastava, on behalf of the opposite party no.2 today is takenn on record. Heard Sri Brij Mohan Sahai, learned counsel for the applicants, Sri Sri Diwakar Singh Kaushik and Sri Sumit Kumar Srivastava, learned counsel for the opposite party no.2 alongwith learned A.G.A. and perused material on record. The present application has been filed by the applicants with a prayer to quash the impugned summoning order dated 06.02.2025 passed in Criminal Case No.14285/2025 (State vs. Bhupendra Singh and other) by the Chief Judicial Magistrate, Lucknow and the charge sheet dated 03.11.2024 under Sections 147, 323, 504, 506 I.P.C. arising out of Crime No.678/2023, under Sections 147, 323, 504, 506 I.P.C., Police Station Sushant Golf City, District Lucknow as well as entire proceeding of Criminal Case No.14285/2025. It is submitted that in this case, they are innocent and have falsely been implicated. The applicants have been charge sheeted and summoning order has also been passed by the court concerned vide order dated 06.02.2025 without applying his judicial mind, therefore, requested to quash the proceedings of the case along with charge sheet. Learned A.G.A. as well as learned counsel for the opposite party no.2 opposed the prayer for quashing the charge sheet and summoning order. In this case, after investigation charge sheet has been filed and learned trial court has passed the order in question applying its judicial mind. The C.C.T.V. footage of the alleged incident is also available. The reliability of the statements of witnesses cannot be decided at this stage before this Court but it can only be done during trial. Applicants may have an option to move discharge before the court concerned at appropriate stage with his submissions. Hence this application being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, there appears no ground to grant any indulgence in favour of the applicant at this stage, as a result, prayer for quashing the entire proceedings of the case 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. Accordingly, this application stands disposed of finally. Order Date :- 26.6.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench