Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 1858 (ALL)

ASLAM KHAN @ MOHD. ASLAM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO.

A482/2984/2025 · 2026-04-07

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20899 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2984 of 2025 Applicant :- Aslam Khan @ Mohd. Aslam Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Mohammad Raza Khan Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. List has been revised. No one appears for the applicant. However, the Court has perused the records. This application under Section 482 Cr.P.C. has been filed to stay the trial proceeding of Session Trial No. 66/2024 arising out of Case Crime No. 131/2024 under Sections 498-A, 302/34 IPC altered charge under Section 304-B, 323/34, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Balrampur. It has been pleaded in the affidavit and the application that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Certain documents and statements in support of the contention have been referred in the application and the affidavit. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. The submissions made in the affidavit relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force. The prayer for quashing the proceedings is refused. With the aforesaid observations, the application is rejected. Order Date :- 15.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench