Neutral Citation No. - 2025:AHC-LKO:36499 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5136 of 2025 Applicant :- Mohammad Aadil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shaquiel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant 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 charge sheet dated 04.02.2019 had been filed by the Investigating Officer in Case Crime/F.I.R. No.0447/2018, under Sections 307, 504, 506 I.P.C., Police Station Aliganj, District Lucknow against the applicant. It is submitted by learned counsel for the applicant that in this case he has been falsely implicated for causing injuries to the informant with fire arm. The injuries found on the person of injured do not correspond the weapon said to be used. He further submits that the empty cartridges were said to be recovered from the place of occurrence but they were of 32 bore and some pieces of brass were also recovered from inside the house where incident is said to have taken place, it also makes the whole prosecution story suspicious. Further submits that the I.O. has found the complicity of other co-accused to be false that was the reason charge sheet has been filed against two accused only. There is contradiction in the statement of the injured and other witnesses those cannot be said to be reliable. The learned trial court took cognizance of the offences without considering all these facts during the course of investigation, therefore, request to quash entire proceedings of the case including charge sheet as well as the order of cognizance by the learned Magistrate. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the informant himself is an injured person who lodged the F.I.R. against the applicant and has clearly stated that fire arm was used and injuries were also caused to him. Further contended that empty cartridges were also recovered by the I.O. from the place of occurrence showing prima facie case established against the applicant. The veracity of the statement of injured witness as well as other witnesses can only be tested during the course of trial but not at this stage. Further the applicant may have an option to move for discharge at an appropriate Bench. 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, the material collected during the course of investigation, the contents of F.I.R., the injury report and the recovery memo, prima facie case appears to be established against the applicant. At this stage the veracity of the statement of injured witness as well as other witnesses cannot be tested but this is to be tested during the course of trial, therefore, there appears no ground to quash the entire proceedings of the case but this application being devoid of merit is liable to be dismissed. However, as per the submissions of learned counsel for the applicant, if applicant appears and moves bail application before the court concerned within a period of 30 days from today, the same shall be decided in light of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022 by Hon'ble the Apex Court. Accordingly, this application u/s 482 Cr.P.C. is disposed of finally. Order Date :- 26.6.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench