Neutral Citation No. - 2025:AHC:86652 Court No. - 87 Case :- APPLICATION U/S 482 No. - 115 of 2016 Applicant :- Amarnath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Intekhab Alam Khan Counsel for Opposite Party :- G.A.,Ravindra Kumar Mishra Hon'ble Prashant Kumar,J. 1. Heard Sri Amit Daga, learned counsel for the applicant, learned A.G.A. for the State-O.P. no.1 and perused the record. None appeared on behalf of the opposite party no. 2. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing the impugned complaint dated 04.03.2010 as well as entire proceeding thereof registered as Complaint Case No. 1241 of 2010 (Srikrishna Jaiswal vs. Amar Nath Yadav), under Sections 500, 504, 506 I.P.C., Police Station Manchi, District Sonbhadra, pending in the Court of Chief Judicial Magistrate, Sonbhadra. 3. Notice was issued to opposite party no. 2 and he was filed a counter affidavit to which rejoinder affidavit has also been filed. Hence, pleadings are completed. 4. A complaint was lodged by O.P. no.2 Srikrishna Jaiswal in which it was alleged that the applicant who happens to the Station House Officer of police station Manchi, stopped him outside the village and abused him and told him that he should not be seen in that area otherwise he will be implicated in false case or would be encountered. Thereafter, statement of complainant was recorded under Section 200 and 202 Cr.P.C. in which all the averments in the complaint was not repeated in verbatim. 5. Learned counsel for the applicants submitted that the complaint is a malicious complaint. Opposite party no. 2 happened to have political connections and was a part of political party. Just to put undue pressure on the applicant, the entire criminal proceedings were initiated against him. He further submitted that the summoning order was issued without considering the fact that the applicant was government servant and there was no sanction under Section 197 Cr.P.C., inasmuch as no summoning order could have been issued. He further submitted that the statement of opposite party no. 2 was recorded under Section 200 and 202 Cr.P.C. does not corroborate with the complaint alleged by the opposite party no. 2. He further submitted that the court below has utterly failed to consider that no prima facie case is made out against the applicant. 6. A counter affidavit has filed in which it is alleged that the allegation alleged in the complaint would not attract discharge of official duty and hence there is no need for sanction. However, no other point was taken in the counter affidavit except denial of the contents of the application. 7. Per contra, learned A.G.A. has vehemently opposed the application and submits that the complaint has been corroborated with the statement of opposite party no. 2 and there is no illegality in the summoning order. He submitted that the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings. 8. From the perusal of 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 arguments raised by learned counsel for the applicants are all disputed question of fact, 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 in the light of the law laid down by Supreme Court. 9. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 10. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 11. However, it is open for the applicants to take all its defence in the trial. 12. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 21.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad