VISHNU DATT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/5807/2021 · 2025-10-16
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5807 of 2021 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.03.2020; cognizance order dated 23.09.2020 as well as entire proceedings of Case Crime No. 267 of 2019 (State Vs. Vishnu Datt and Others) under Sections 452, 354-B, 504, 506 I.P.C., P.S. Bagwala, District Etah, pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Etah. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Instant F.I.R. is false, baseless and has been lodged with malicious intention. On perusal of F.I.R. as well as evidence collected during investigation, no criminal offence is made out against the applicants. The learned Magistrate without applying judicial mind took cognizance and issued summons against the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the aforesaid submission and submits that prima facie offence is made out against the applicants. 5. In view of the above, the relief as sought by the applicants in the instant application is refused. 6. However, considering the facts and circumstance of the case, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Versus Counsel for Applicant(s) : Beerendra Pratap Singh, Indra Kumar Singh Counsel for Opposite Party(s) : G.A. Vishnu Datt And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court, no coercive action shall be taken against the applicants. 8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
October 17, 2025 Meenu Singh A482 No. 5807 of 2021 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad