HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6137 of 2019 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the summoning order dated 30.5.2019 as well as the order dated 2.8.2019 issuing arrest warrants against the applicant, passed by Additional Chief Judicial Magistrate VIth, Lucknow in Criminal Case No. 23763 of 2019, arising out of Case Crime No. 978 of 2017, under Sections 147, 354, 323, 504, 506, 452 I.P.C., Police Station Kakori, District Lucknow, and the entire proceedings arising therefrom. As per the allegations by complainant-opposite party no.2, on 28.9.2017 around 10 O' Clock Vishnu S/o Munni Lal, Nand Lal alongwith Musha and ten other persons came in drunken condition and attempted to break open the door of his house. Upon hearing the noise, his daughter opened the door and then all these persons with bad intentions pulled her out and molested her. Upon raising alarm, other residents of the colony gathered, whereupon Vishnu, Nandlal and Musha left the place. They all abused and threatened the complainant and his family members. On these broad allegations, the above F.I.R. was registered for the alleged commission of offences punishable under Sections 147, 354, 323, 504, 506, 452 I.P.C. After completion of investigation, the charge sheet was filed under Sections 323, 504, 506 I.P.C., whereas the remaining offences were found to be not made out. Hence, this application. Learned counsel for the applicant has argued that the statement of victim recorded under Section 164 Cr.P.C. literally exonerates the applicant and Versus Counsel for Applicant(s) : Shiv Sharan Singh Counsel for Opposite Party(s) : Govt. Advocate Bikanu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) despite that the Investigating Officer has filed the charge sheet against the applicant for his prosecution. That apart, learned counsel has argued that the applicant is a disabled person to the extent of 90%, therefore, it is not possible that after committing the crime, he would run from the place of occurrence. Learned counsel submits that the prosecution of the applicant is nothing, but an abuse of the process of law, therefore, he prays that the impugned summoning order dated 30.5.2019 and the proceedings arising out of it be quashed, in the interest of justice. After hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in this case for exercise of inherent powers under Section 482 Cr.P.C. During the course of hearing, it is not disputed by learned counsel that the statement of victim recorded under Section 164 Cr.P.C. is at variance with the version recorded under Section 161 Cr.P.C. The nature of the statement recorded during investigation is only for limited purpose for confronting the witness during recording of deposition in trial, therefore, the statement alone under Section 164 Cr.P.C. cannot be construed as a ground for ascertaining the innocence of the accused. Similarly, merely because the applicant is a disabled person would not be a ground to presume that he was not involved in the alleged commission of crime. Most importantly, the charges against the applicant are yet to be framed, therefore, at this juncture, this Court does not find it to be a fit case to interfere with the prosecution, as the charge sheet has not been examined by the trial court. Resultantly, without meaning any expression of opinion on the merits of the case, the application is hereby dismissed. (Manoj Bajaj,J.) November 27, 2025 P.S. Parihar A482 No. 6137 of 2019 2 Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench