Neutral Citation No. - 2025:AHC:61678 Court No. - 84 Case :- APPLICATION U/S 482 No. - 10552 of 2020 Applicant :- Udal Singh Chakbandi Lekhpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Chaurasia,Praveen Kumar Singh,Sudhanshu Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash/stay the order dated 08.01.2014 passed by the C.J.M. Ghazipur in Criminal Case No. 1716 of 2013 (State Vs. Udal) as well as the order dated 20.12.2019 passed by the Additional Session Judge, Room No. 6, Ghazipur in Criminal Revision No. 112 of 2014 (Udal Singh Vs. State of U.P.). 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. On perusal of evidence collected during investigation, no offence under Section 409 IPC is made out against the applicant. Learned Trial Court after considering objection of the applicant and perusing the material available on record, has not found any case to discharge the applicant and rejected the discharge application of the applicant vide order dated 08.01.2014, thereafter, applicant filed Criminal Revision No. 112 of 2014 and learned Additional Session Judge, Room No. 6, Ghazipur vide order dated 20.12.2019 rejected the criminal revision of the applicant and affirmed the order dated 08.01.2014. He next submitted orders dated 08.01.2014 and 20.12.2019 are illegal and arbitrary in nature and are liable to be set-aside. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that, prima facie, offence is made out against the applicant, hence, applicant is not entitled for relief as prayed. 5. Considered the submissions raised by learned counsel for the applicant and perused the entire record. From the record, it is apparent that learned Revisional Court has not found any illegality in the order dated 08.01.2014 and further found that senior officer of the applicant has sanctioned to initiate prosecution against the applicant. Submission of the applicant that records have been returned, which is annexed with annexure no. 8, shows that offence under Section 409 IPC is not made out against the applicant. Submission of learned counsel for the applicant is factual aspect of the matter and the same cannot be considered and examined at this stage by this Court in exercise of power under Section 482 Cr.P.C. Moreover, applicant earlier approached this Court by filing Application U/S 482 No. 16015 of 2022 and this Court vide order dated 10.05.2012 dismissed the 482 Cr.P.C. application of the applicant with direction that applicant may file discharge application. The order passed by learned Trial Court is just and proper and Trial Court after considering the evidence collected during investigation, has not found any material to discharge the applicant. The orders dated 08.01.2014 and 20.12.2019 do no require any interference by this Court. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 23.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad