HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 799 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No.456 of 2024, State Versus Ashwani Maurya & others, in Case Crime No.19 of 2024, Under Sections 504, 506, 427 I.P.C., Police Station Gaurabadshahpur, District Jaunpur, pending in the Court of Judicial Magistrate-I, Court No.17, Jaunpur and this Hon'ble Court may also be pleased, to quash the cognizance/summoning order dated 05.03.2024, passed by Judicial Magistrate I Court No.17, Jaunpur in aforesaid Case and this Hon'ble Court also be pleased to quash the charge-sheet dated 07.02.2024. 3. Allegation in FIR against the applicants is that when informant was constructed the wall then on 30.01.2024 at about 12 pm the applicants came there and demolished the wall and threatened the informant used abusive language, hence, the present FIR. 4. The contention of learned counsel for the applicants is that all allegation in FIR is false and baseless and not supported by any evidence. Instant FIR has been lodged with malice intention only to harass the applicants. Civil suit has been filed by applicant's father for permanent injunction. No case under the alleged sections is made out. Cognizance and summoning by learned Magistrate is without application of judicial mind. 5. Per contra, learned AGA opposed the submission of applicants' counsel Versus Counsel for Applicant(s) : Sadhana Maurya Counsel for Opposite Party(s) : G.A. Ashwani Maurya And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and submitted that prima facie, offence under the alleged sections is made out against the applicants. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage. He further submits that as applicants' counsel submits that applicant No.3, Smt. Manorama Devi, is a Teacher and was not present at the time of incident, the said fact cannot be examined at this stage. No interference is warranted. 6. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 7. However, if applicants move discharge application before the concerned court below within four weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 8. Till disposal of discharge application, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the above directions, this 482 application is disposed of. September 17, 2025 Nitin Verma A482 No. 799 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad