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Neutral Citation No. - 2025:AHC:29051 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6565 of 2025 Applicant :- Parikshat @ Panchhi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record. 2. The instant application has been preferred with the prayer to quash the charge sheet dated 25.4.2024 and the cognizance order dated 19.7.2024 passed by learned Chief Judicial Magistrate, Agra in Case No.10296 of 2024 titled State v. Neeraj and others, arising out of Case Crime No.40 of 2024, under sections 195A, 504, 506 IPC and section 67 of the I.T. Act, Police Station Shamshabad, District Agra. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the applicant is neither a relative of the co-accused Neeraj, against whom Case Crime No. 250 of 2022 under Sections 363 and 366 IPC was registered by the complainant, nor is there any incriminating material recovered from the possession of the applicant. It is further submitted that the victim has not identified or pointed out the applicant in connection with the alleged offence, and no specific allegation has been leveled against the applicant in the FIR. Additionally, there is no independent to the alleged recovery, and the applicant has no previous criminal history. Moreover, the co-accused Neeraj has already been acquitted by the trial court in Sessions Trial No. 2240 of 2022. 4. Per contra, learned A.G.A. submits that the order of acquittal in favor of co-accused Neeraj was passed on 22.04.2024, whereas the present applicant, along with other co-accused, allegedly threatened the victim to depose in their favor in the trial court on
30.01.2024. Consequently, a complaint was lodged on 02.02.2024, well before the acquittal order in Case Crime No. 250 of 2022. Thus, there is prima facie material against the applicant regarding the alleged act of threatening a witness. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State, and on perusal of the material on record, prima- fracie, it is evident that the applicant is involved in threatening the victim to influence the trial proceedings.
Such conduct, if established, constitutes an offence and cannot be interfered with under the inherent jurisdiction of this Court. 6. Accordingly, the present application under Section 482 Cr.P.C. is devoid of merit and is hereby dismissed. Order Date :- 27.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad