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2025 DAILYLAW 147377 (ALL)

JHARI RAM VERMA v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME AND ANOTHER

A482/5195/2025 · 2025-06-26

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36600 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5195 of 2025 Applicant :- Jhari Ram Verma Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Manjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants, learned A.G.A. and perused material on record. The present application has been filed by the applicant with a prayer to quash/set-aside the entire criminal proceeding initiated against the petitioner in pursuance of the impugned summoning order dated 4.6.2011 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.20, Pratapgarh in old Complaint Case No.850/2011 (Smt. Krishna Singh Versus Jhari Ram Verma & Others) as well as impugned bailable warrant (BW) dated 11.6.2025 issued by the learned Additional Chief Judicial Magistrate, Lalganj, District Pratapgarh in new Complaint Case No.561/2025 (Smt.Krishna Singh Versus Jhari Ram Verma & Others) Under Sections 419, 420, 467, 468, 471 IPC, Police Station- Lalganj, District- Pratapgarh. It is submitted that in this case, he is innocent and has falsely been implicated. The applicant has been charge sheeted and summoning order has also been passed by the court concerned vide order dated 04.06.2011 without applying his judicial mind, therefore, requested to quash the proceedings of the case along with charge sheet. Learned A.G.A. 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 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, applicant may have an option to move an application for discharge through counsel before the learned trial court within a period of thirty days from the date of this order which shall be heard and decided in accordance with law on the basis of material on record. In the meantime, no coercive action shall be taken against the applicant and the NBW shall remain in abeyance. Accordingly, this application stands disposed of finally. Order Date :- 26.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench