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2025 DAILYLAW 174994 (ALL)

PRASHANT KUMAR VERMA and ORS. v. STATE OF U.P. and ANR.

A482/7691/2019 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7691 of 2019 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Petitioner is an accused in Case Crime No.394 of 2014, under Sections 323, 504, 506, 352 I.P.C. and 3(1)(X) SC/ST Act, registered in Police Station Gosaiganj, district Lucknow, who is aggrieved against the filing of the charge sheet against him under Section 173(2) Cr.P.C., therefore, he has invoked inherent powers of this Court under Section 482 Cr.P.C. for quashing of entire criminal proceedings. When the case is called out, no one has appeared on behalf of applicant- accused. Noteably, the case is pending at the admission stage ever since its filing in the year 2019, and the same has been adjourned on number of occasions and even notice to the other side has not been issued. According to the applicant, opposite party no.2-complainant is in habit of encroaching upon the land, particularly, the land belonging to the government and Gaon Sabha. It is pleaded that the applicants were not present at the place of occurrence, and further it is not believable that in an assault by four accused persons, the complainant would not suffer any injury. Thus, doubting the investigation and filing of charge sheet, he has prayed for quashing of criminal proceedings. Since no interest has been shown on behalf of the applicants and the proceedings on the basis of the impugned charge sheet must have progressed by now, therefore, this Court does not find it to be a fit case for exercise of inherent powers under Section 482 Cr.P.C., as all the issues and grounds Versus Counsel for Applicant(s) : Ajay Shukla, Vinay Kumar Verma Counsel for Opposite Party(s) : G.A. Prashant Kumar Verma And Ors. .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s) raised by the applicants can also be raised before the trial court at an appropriate stage, if the trial is still pending. The petition is dismissed. (Manoj Bajaj,J.) December 1, 2025 R./ A482 No. 7691 of 2019 2 Digitally signed by :- RAJEEV KUMAR SACHDEVA High Court of Judicature at Allahabad, Lucknow Bench