Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107402 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 18842 of 2025 Applicant :- Dr Mahendra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharamveer Goutam,Indra Deo Mishra,Sangeeta Yadav,Shri Ram (Rawat) Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the summoning order dated 23.06.2021 and charge-sheet dated 28.04.2021 including entire criminal proceeding of Case no. 1184/2021 pending in court of Chief Judicial Magistrate, Farrukhabad (State vs. Mahendra Gupta) arising out of Case Crime no. 77/2021 under sections 352, 504, 506 IPC & Section 66E of Information Technology Act, relating to PS- Kayam Ganj, District Farrukhabad. 3. While assailing the entire proceeding in shape of charge-sheet as well as summoning order, it is contended by learned counsel for applicant that present FIR bearing Case Crime no. 77 of 2021 has been lodged by opposite party no. 2 against the applicant in counter-blast of FIR bearing Case Crime no. 71 of 2021 registered at the behest of applicant against opposite party no. 2. In order to save himself, opposite party no. 2 lodged the present FIR against applicant creating false story after 7 days. Applicant is innocent and has been falsely implicated in present case due to enmity and as such entire proceeding is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that all the arguments raised by learned counsel for the applicant is amenable to the learned trial court and the same is subject matter of trial. As it is submitted by learned counsel for applicant that in the inter-related incidence one FIR has already been preferred at the behest of applicant wherein charge-sheet has already been
preferred and in the instant matter also charge-sheet has also been preferred by concerned Investigating Officer. In both the matters the accused have already been bailed out and matter is still pending to be adjudicated by learned trial court. Since no good grounds exists which would attract interference of this Court as such at this stage no interference is required. The prayer through the instant application cannot be acceded. 6.
The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad