Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 173304 (ALL)

OM KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 6 OTHERS

A482/8797/2025 · 2025-10-30

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8797 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 04.08.2025 in Case No.17817 of 2024, (State vs. Om Kumar and ors) passed by Chief Judicial Magistrate, Police Station Kotwali, District Unnao with a further prayer to stay the proceedings in respect of the aforesaid case. 3. It is submitted by learned counsel for the applicant that the applicant challenged the entire criminal proceedings by filing application under section 482 Cr.P.C. No. 8608 of 2024, which was disposed of vide order dated 24.09.2024 and the co-ordinate Bench of this Court directed the applicant to may move discharge application. In pursuance of which, the applicant moved the application for discharge, which was rejected by the Chief Judicial Magistrate, Unnao by the order dated 04.08.2025. It is also submitted that applicant is innocent and has not committed any crime, was not present at the place of occurrence and CCTV camera was not inspected by the Investigating Officer and the charge sheet has been filed in a mechanical manner. Learned counsel has further submitted that the court below has not applied its mind and has passed the order without considering the evidence. 4. On the other hand, learned AGA has submitted that charge sheet has been filed after collecting the evidence on record by the I.O. A bare perusal of the charge sheet as well as the material available on record, it cannot be said that offence is not made out. This Court cannot do trial and for veracity of facts, the trial court is the competent court who can look into the case and pass final order of adducing evidence on record. Versus Counsel for Applicant(s) : Dinesh Pratap Singh Counsel for Opposite Party(s) : G.A. Om Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 6 Others .....Opposite Party(s) 5. After going through the record and the order passed by the CJM, Unnao, I find that charge sheet has been filed after collecting the evidence which discloses the offence. This court has got very limited scope in 482 Cr.P.C. of discharge application and the court has to see whether after bare perusal of the material on record, charges are made out or not. In the present case, the court cannot record any finding whether any offence has been committed. Certainly, trial is required for that, therefore, rejecting the discharge application by the concerned trial court was based on evidence collected by the Investigating Officer. 6. The application is devoid of merits and is, accordingly, dismissed. October 30, 2025 Pks A482 No. 8797 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench