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2025 DAILYLAW 202610 (ALL)

PREM SHANKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9065/2025 · 2025-10-28

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9065 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 21.01.2025 passed in CRLR 368 of 2023 by Sessions Judge, Raebareli and the order dated 18.10.2023 passed in warrant or summons in Criminal Case No.1913 of 2022, whereby the applicants are summoned under sections 419, 420, 467, 468 IPC., as well as the entire proceedings pending before the Civil Judge, (Junior Division), FTC-I, Raebareli. 3. It has been submitted by learned counsel for the applicants that the dispute is of civil nature therefore, the criminal proceedings initiated by opposite party no. 2 is not maintainable. He submitted that the land was sold by the applicant to the opposite party no. 2 and in the sale letter, it is mentioned that in case of any dispute, the opposite party no. 2 may recover the entire amount. Learned counsel further submitted that the applicants have not committed any offence and no fraud has been committed therefore, case is liable to be quashed. 4. On the other hand, learned AGA has pointed out that the applicants have sold the land and possession was given to the opposite party no.2, which was already sold to one Gurprasad Dwivedi and fraud was committed by the applicants by selling the same land to opposite party no.2 by taking the money. These are disputed questions of fact. The trial court after recording the statements under Sections 200 and 202 Cr.P.C. have issued summons. The applicants have ample opportunity to lead the evidence and prove their case before the trial court. Certainly, here the Court under section 482 Cr.P.C cannot weigh the evidences and do the trial. Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A. Prem Shankar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Considering the aforesaid facts and circumstances, I find that the trial court recorded the statement under Section 200 Cr.P.C., of the applicants as well as statement under Section 202 Cr.P.C. of the witnesses and there is allegation of fraud levelled against the applicants. The question of innocence can be looked in the trial and this Court cannot do mini trial. The application being devoid of merits, is dismissed accordingly. 6. However, it is open to the applicants to move discharge application at the appropriate stage. October 28, 2025 Pks A482 No. 9065 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench