Neutral Citation No. - 2025:AHC:50930 Court No. - 74 Case :- APPLICATION U/S 482 No. - 46501 of 2023 Applicant :- Lalit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The present application, filed under Section 482, seeks quashing/stay of the charge sheet dated 29.06.2022 as well as entire proceeding of Case no. 38278 of 2022 (State vs. Lalit Yadav) arising out of Case Crime no. 0292 of 2021, under Section 67 Information Technology (Amendment) Act, 2008, PS- Gandhi Park, District- Aligarh pending in the court of learned Chief Judicial Magistrate, Aligarh along with summoning order dated 09.12.2022. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case due to malafide intention and having ulterior motive of the first informant, applicant is not named in the First Information Report and his name has been surfaced during course of investigation, it is further submitted that the applicant is a government servant therefore, prior sanction from the concerned department is required by the Investigating Officer but in the present case prior to submitting the charge sheet against the applicant, no prior sanction under Section 197 Cr.P.C has been taken by the concerned Investigating Officer. The concerned Investigating Officer, after concluding the investigation, submitted charge sheet before the learned court concerned on dated 29.06.2022 whereupon learned Magistrate concerned took cognizance and passed impugned summoning order against the applicant on dated 09.12.2022. 4. It is argued by learned counsel for applicant that applicant is a government servant and working on the post of constable in the police department. The learned trial court has taken cognizance on the impugned charge-sheet without application of judicial mind, and thereafter, erroneously summoned the applicant, which is vitiated under law. 5. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application. 6. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, including the FIR, statements of the complainant recorded under Section 161 Cr.P.C., it is observed that prima facie offence is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. 7. It is well settled that the inherent powers under Section 482 Cr.P.C are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. 8. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. Order Date :- 8.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad