Neutral Citation No. - 2025:AHC:6009 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36325 of 2019 Applicant :- Shubham And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shivniket Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shivniket Tripathi, learned counsel for applicants and Sri P.S. Jadaun, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 01.05.2019 passed by Civil Judge (J.D.), Judicial Magistrate Deoband as well as entire proceedings of Case No.740 of 2017, arising out of Case Crime No.262 of 2017, under Section 354A IPC, Police Station- Negal, District Saharanpur. 3. Sole contention of learned counsel for applicants is that no offence under Section 354-A is made out against the applicants at the most 294 IPC is made out. It is further submitted that though initially applicants have challenged the charge sheet before this Court by way of Application U/S 482 No.42593 of 2018, which was disposed of by order dated 09.01.2019 and directed the applicants to file discharge application. Subsequently by the impugned order, discharge application of the applicants was rejected on the ground that offence under Section 354A IPC is made out against the applicants. It is further submitted that no offence under Section 354A IPC is made against the applicants and there is no private witness who supports the prosecution story and all the witnesses are police witness. 4. Per contra, learned AGA has submitted that on bare perusal of F.I.R., it appears that the allegation against applicants is clearly falls under Section 354A IPC and no case of quashing the impugned order is made out. 5. After hearing learned counsel for the parties and on perusal of record, it appears that the allegation made in the F.I.R. is clearly shows that offence against the applicants under Section 354 A (iv) IPC is made out. So for as the contention of learned counsel for applicants that on the basis of allegation made in the F.I.R. as well as statement recorded during investigation at the most offence under Section 294 IPC made out, is concerned, that could be raised by the applicants at the time of framing of charge but that cannot be ground for quashing the charge sheet or impugned order. 6. In view of the above, this Court does not find any illegality in the impugned order by which the discharge application of the applicant was rejected. 7. Accordingly, the present application is dismissed. Order Date :- 10.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad