Neutral Citation No. - 2025:AHC:65189 Court No. - 74 Case :- APPLICATION U/S 482 No. - 844 of 2025 Applicant :- Mohammad Osama And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Sajjad Husain 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 the prayer to quash the charge sheet dated 29.01.2021 submitted in Case Crime no. 620 of 2020 under sections 469, 505, 120B IPC and 66 IT Act, PS- Tiwaripur, District Gorakhpur and summoning order dated 21.04.2023 passed by learned Chief Judicial Magistrate, Gorakhpur as well as quash the entire proceeding of Case Crime no. 36860 of 2023 arising out of Case Crime no. 620 of 2020. 3. Learned counsel for the applicants submitted that opposite party no. 2 lodged present FIR against the applicant no. 1 over the allegation that a Whatsapp status has been uploaded by applicant no. 1 through his mobile phone and the said post was against the Hindu religion which could disturb the social harmony and peace. Applicant no. 2 was later on named during investigation on the ground that the SIM card which was being used in mobile phone of applicant no. 1 has been issued in the name of applicant no. 2. 4. It is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. In fact opposite party no. 2 has borrowed the mobile of applicant no. 1 and he himself posted the alleged status. Applicants have no criminal history to their credit. The present FIR is glaring example of misuse of process of law and deserves to be quashed along with entire proceeding. 5. Per contra, learned AGA 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, it is observed that prima facie offence is made out against the applicants. The assertions of misuse of applicant's mobile phone by opposite party no. 2 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 :- 25.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad