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2025 DAILYLAW 150449 (ALL)

ADARSH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/5554/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40051 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5554 of 2025 Applicant :- Adarsh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Anurag Singh Chauhan,Aisha Khatoon,Ananya Singh Chauhan,Shameem Jahan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh Chauhan, the learned counsel for the applicant, as well as Sri Ashok Srivastav, the learned AGA for the State, and perused the record. 2. By means of the instant application under Section 528 BNSS, the applicant has sought quashing of the entire criminal proceeding of Criminal Case No.5051 of 2019, General Case No.1201/2022 (State Vs. Aman Singh and others), quashing of the charge sheet dated 10.02.2019 filed against the applicant under Sections 147 and 336 IPC read with Section 7 Criminal Law Amendment Act, as well as quashing of the summoning order dated 14.08.2019 passed by the Additional Chief Judicial Magistrate, Court No. 17, Sultanpur relating to FIR No.0998/2018, lodged at Police Station Kotwali Nagar, District Sultanpur, so far at is relate to the applicant. 3. The aforesaid case was instituted on the basis of an FIR lodged on 16.11.2018 against eight named persons, including the applicant, and an unknown person by Inspector of Police, stating that the had received an information that about 10-15 persons were indulging in assaulting each other with sticks and bricks near the house of a member of legislative assembly. Upon reaching on the spot of the incident, he found that persons involved in the incident had already left the place but some bricks were lying there. The shop-keepers of nearby shops had closed their shops and had scattered but upon seeing the police on the spot, they came back and told the names of the persons involved in commission of the offence, including the applicant. 4. The complainant has got his statement recorded under Section 161 CrPC wherein he reiterated the FIR version. 5. After investigation, the investigating officer submitted a charge sheet against five persons, including the applicant, on 10.02.2019 and the trial Court has taken cognizance of the offence and summoned the accused persons to face trial. 6. Learned counsel for the applicant has submitted that the statement of none of the passersby has been recorded and only statements of some some persons running tea stalls and betel shops have been recorded who have given similar statements regarding the incident. He has further submitted that those persons have given false statement under pressure of the police. 7. While deciding an application under Section 482 CrPC, this Court can only examine as to whether the allegations levelled in the FIR and the material collected during investigation make out a case for trial of the applicant This Court cannot evaluate the evidence so as to examine the correctness of the statements and come to a finding whether the applicant is guilty or innocent. 8. Learned counsel for the applicant has next submitted that the applicant was a juvenile at the time of the incident. 9 The aforesaid plea is open to be raised before the trial Court upon the applicant's appearance. However, this plea also does not make out a case for quashing of the impugned proceeding. 10. Accordingly, the instant application is disposed of, leaving it open to the applicant to appear before the trial Court, take the plea of juvenility and file suitable application, which will be disposed of expeditiously, in accordance with law. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench