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2025 DAILYLAW 15448 (ALL)

ROHIT MANGAL v. STATE OF U.P. AND ANOTHER

A482/3956/2025 · 2025-08-21

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144947 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3956 of 2025 Applicant :- Rohit Mangal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- Sikandar B. Kochar,G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the charge-sheet dated 10.10.2024 being charge sheet no.02 of 2024 as well as entire proceedings registered in its pursuance as Case No. 9480 of 2024 in Case Crime No. 0320 of 2024 (State of U.P. Vs. Rohit Mangal and others) under Sections 147, 148, 325, 427 I.P.C., Police Station Sihani Gate, District Ghaziabad, arising out of Case Crime No. 0320 of 2024 registered under aforesaid sections of I.P.C. at Police Station Sihani Gate, District Ghaziabad including cognizance and summoning order dated 06.11.2024 passed by Additional Chief Judicial Magistrate, Court No.03 Ghaziabad in aforesaid proceedings, presently pending before Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel for the applicant submits that as per the allegations in the first information it is alleged that applicant along with five to six other persons have assaulted and as a result of the same injured has suffered injuries. The first information report has been lodged by the wife of the injured. The statement of the injured is annexed at page no. 73 of the paper book where it has been stated that there is a previous dispute between the parties and when the injured was coming back from the court, the applicant along with other unknown persons have assaulted and as a result of the same injured have sustained injuries. The injury report is annexed at page no. 140 of the paper book where there is a fracture in the ribs. Learned counsel for the applicant further submits that there is no dispute that there is injury, however, he submits that the manner in which the injury is caused is highly disputed. Learned counsel for the applicant further submits that injury has been caused on account of running away of the injured and the applicant was not involved. There is a previous dispute between the parties. 4. The question of appreciation of evidence is a matter of trial. At this stage, this Court cannot go into to appreciate the evidence. The first information report and the statement of the injured discloses commission of offence and as such, the present application under Section 482 Cr.P.C. lacks merit and is dismissed accordingly. Order Date :- 22.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad