HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7230 of 2024 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 16.07.2024 passed in Complaint Case No. 1060 of 2015 (Ganesh Prasad Rastogi Vs. Raja Ram) by Additional Chief Judicial Magistrate-VI, Court No.30, Lucknow whereby the application for discharge moved by the applicant has been rejected. Under challenge is also the entire criminal proceedings arising out of Complaint Case No. 1060 of 2015 pending in the Court of Additional Chief Judicial Magistrate-VI, Court No.30, Lucknow. 3. Learned counsel for the applicant has submitted that the entire case against the applicant is false and fabricated and there is civil dispute pending between the parties, therefore, the complaint is liable to be quashed. Once the civil suit is pending then, initiating criminal proceedings is out of malafide intentions and it can be inferred that the applicant has been falsely implicated. 4. Learned counsel for the applicant has placed reliance on paragraph 11 of the judgment passed in Kunti Vs. State of Uttar Pradesh, reported in 2023 SCC OnLine SC 554. Versus Counsel for Applicant(s) : Mahesh Kumar Sharma, Sachin Upadhyay, Tajdar Ahmad Counsel for Opposite Party(s) : G.A., Sharavan Kumar Shukla Raja Ram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another .....Opposite Party(s) 5. The application for discharge was rejected by the trial Court vide impugned order dated 16.07.2024 against which present application has been filed. 6. After going through the records as well as the statements under Section 200 and 202 Cr.P.C., it is evident that there is allegation that the complainant entered into an agreement with the applicant for sale of land bearing Khasra No. 0.2340 hectare, situated in Madharmau Khurd, Tehsil - Mohanlalganj, District - Lucknow for Rs.1,25,000/- out of which applicant paid Rs.50,000/- as advance and said agreement was registered in the Office of Registrar, Mohanlalganj, Lucknow in Book No.1, Volume 1315, Page 365/404, Serial No. 1777/07 and there was certain conditions which were mentioned in the said agreement but the applicant did not fulfill the conditions inspite of agreement between the parties, therefore, criminal breach of trust has been done and the allegation is supported by the statement of the complainant under Section 200 Cr.P.C. and statement of independent witness namely Anjani Kumar, under Section 202 Cr.P.C.. This Court has got very limited jurisdiction to see the evidence in the discharge proceedings. Once the offense is made out after bare perusal of the evidence on record, this Court cannot do a mini-trial. The applicant is devoid of merits and is, accordingly, rejected. 7. Interim order dated 09.09.2024 stands vacated. 8. Office is directed to communicate this order to the Court concerned forthwith. November 19, 2025 Mohit Singh/- A482 No. 7230 of 2024 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench