HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9281 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 16.09.2025 passed by Additional Special Judge, ATS, Lucknow in Criminal Revision No.571 of 2023 (Shirish Kumar Srivastava and others vs. State of U.P. and ors) and order dated 10.07.2023 passed by Special Additional Chief Judicial Magistrate, CBI, (A.P.) Lucknow in Criminal Complaint Case No.2907 of 2007 (Amitabh Srivastava vs. Shirish Srivastava and ors) as well as the complaint dated 14.12.2006 to discharge the petitioners from the alleged offence by allowing the discharge application under section 245(2) Cr.P.C. dated 05.04.2022 contained in Annexure 8 to this application. 3. It is submitted by learned counsel for the applicants that applicants have been falsely implicated and they have not committed any offence. Learned counsel submitted that the civil suit is pending between the parties and out of malafide intention, just to settle the personal score, applicants have been roped in the present case. Learned counsel submitted that from bare perusal of the statements recorded under Section 200 Cr.P.C. clearly indicates that there is admission of dispute between the parties and in case if this fact is considered, it is a fit case that the applicant is liable to be discharge. It is further submitted that the case is pending since 2007 and it is a petty matter and there is also a chance for mediation between the parties. Learned counsel further submitted that the trial court has not applied its mind and had passed the order on discharge application mechanically against the applicants. Versus Counsel for Applicant(s) : Shamshad Ahmad Khan Counsel for Opposite Party(s) : G.A. Shirish Kumar Srivastava @ Srish Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 4. On the other hand, learned AGA has submitted that after going through the record from the statements recorded under Sections 200 and 202 Cr.P.C. it is amply clear that the allegation of assault is levelled against the applicants and the co-accused. He has submitted that the allegation is also made to the effect that applicants had entered into the house of the opposite party no.2 and assaulted him by kicks and fists. He further submitted that this Court cannot weigh the evidence and certainly, the trial court will look into the matter. 5. I have heard learned counsel for the applicants as well as learned AGA for the State. 6. The subordinate court has rejected the application for discharge giving categorical finding that unless the evidence are adduced on record, no finding can be recorded. I also subscribe the view of the court concerned that there is allegation of assault against the applicants and co-accused and only on the ground that the civil suit is pending is not sufficient to discharge the applicants. The court has to seek whether material collected or adduced on record makes out offence or not. 7. In the present case, after going through the statements recorded under Sections 200 and 202 Cr.P.C., it cannot be said that offence is not made out against the applicants. 8. The application is devoid of merits and is, accordingly, dismissed. November 4, 2025 Pks A482 No. 9281 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench