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2025 DAILYLAW 197862 (ALL)

VIKAS KUMAR MAURYA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9828/2025 · 2025-12-10

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9828 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard. 3. This application has been filed with the following prayer:- "To quash the Charge-Sheet dated 27.12.2023 under section - 323, 504, 506, 307 I.P.C., Police Station - Kotwali Nagar, District Gonda, as well as entire proceedings of Session Trial No. 786/2025, 'State Vs Vikas Kumar Maurya & others', arising out of Case Crime No. 987/2023, under section 323, 504, 506 I.P.C., registered at Police Station Kotwali Nagar, District- Gonda pending in the Court of learned Sessions Judge, Gonda." 4. Learned counsel for the applicants submits that no such incident was taken place as alleged in the F.I.R. of the case in question. He further submits that as per the prosecution case, incident was taken place at 9:30 am. But, the medico legal examination of one of the injured persons was conducted at 10:10 am and rest of the injured persons were medically examined in the afternoon. He next submits that all the injuries are simple in nature and the prosecution in question has been initiated only with the intention to make pressure on the applicants. He lastly submits that several litigation between the parties are pending before the competent Court, hence, indulgence of this Court is required. Versus Counsel for Applicant(s) : Rajeev Kumar Mishra Rudra Counsel for Opposite Party(s) : G.A. Vikas Kumar Maurya And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Learned A.G.A. vehemently opposes the prayer of the applicants. He submits that record reveals that there are injuries on the members of other side also. He further submits that the timing of medico legal examination and contents of other evidence cannot be evaluated at this stage. Relying on the judgment of Hon'ble Supreme Court in the case of C.B.I. vs. Aryan Singh reported in (2023) SCC OnLine SC 379, learned A.G.A. also submits that the defense of the applicant cannot be considered at this stage. 6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that as per the prosecution case, the incident was taken place and there are three injured persons. Therefore, the evidence collected by the Investigating Officer cannot be examined at this stage as it is well settled by Hon'ble Supreme Court in the case of C.B.I. vs. Aryan Singh (supra). 7. With the above observations, the application, being misconceived, is dismissed. December 10, 2025 Arpan A482 No. 9828 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench