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2025 DAILYLAW 163928 (ALL)

POONAM GUPTA AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/7754/2025 · 2025-09-18

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7754 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "To allow the petition U/s 482 Cr.P.C. (Now 528 B.N.S.S.) and quash the cognizance order dated 02.12.2023 issued against the petitioners by the Court of A.C.J.M. VIth, Lucknow, summoning the Petitioners as accused in the Case "State Vs Rishab Gupta & Others" in Session Case No.0692/2024, Crime No.0441/2023, U/S: 504 I.P.C., Police Station- Gosaiganj, District-Lucknow pending in the Court of Additional Session's Judge/Fast Track Court IInd, Lucknow." 3. It is argued by learned counsel for the applicants that the present applicants have falsely been implicated. He submits that the chargesheet has been filed under Section 504 of IPC against the present applicants and against the co-accused person under Sections 376, 493, 377, 346, 323, 504, 506 of IPC. He added that the applicants were not present at the place of occurrence. He submits that the applicants are the residents of another location and they have falsely been implicated. He submits that the present criminal case against the applicants is abuse of process of law and thus, the same may be quashed. 4. Learned counsel appearing for the State has opposed the contention and Versus Counsel for Applicant(s) : Samrat Gupta Counsel for Opposite Party(s) : G.A. Poonam Gupta And Another .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) submits that after thorough investigation, the chargesheet was filed and the present applicant is co-accused and against the main accused, the chargesheet has been filed against the heinous offences and they were involved in heinous crime. 5. Considering the submission of learned counsel for the parties, it transpires that the chargesheet was filed under Section 504 of IPC against the present applicants and he alongwith the other co-accused was involved in committing heinous offence, whereas after investigation, the chargesheet has been filed under Section 504 of IPC. Learned counsel for the applicants has failed to substantiate his argument that no offence is made out under Section 504 of IPC. In this view of the matter, there is no merit. 6. The instant application is dismissed at this stage. September 18, 2025 Mohd. Sharif A482 No. 7754 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench