Neutral Citation No. - 2025:AHC:33869 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1500 of 2025 Applicant :- Manoj Niveria And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.,Sudist Kumar Hon'ble Sanjay Kumar Pachori,J. Dr. Akhilesh Kumar, learned counsel for the applicants, Sri Sudist Kumar, learned counsel for the informant and Sri Vijay Kumar Mishra, learned Brief Holder for the State are present. The Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No.1452 of 2024 (State v. Manoj Niveria and Others) arising out of Case Crime No. 78 of 2023, under Sections 147, 148, 149, 323, 325, 326 of IPC as well as cognizance / summoning order dated 09.10.2024, pending in the court of Judicial Magistrate, Fatehabad, Agra. Learned counsel for the applicant submits that cognizance order has been passed without considering the position of law. It is further submitted that charge sheet in the present case has been submitted under Sections 147, 148, 149, 323 I.P.C. but the cognizance order has been passed after adding the offence punishable under Sections 325, 326 I.P.C. Learned counsel for the applicant has relied upon a judgment of Apex Court in the case of State of Gujrat Vs. Girish Radhakrishnan Varde, AIR 2014 SC 620. Learned Brief Holder as well as learned counsel for the informant have not disputed the factual position of the case. In view of what has been stated above and the legal position, the present application is disposed of. The order impugned dated 09.10.2024 passed by Judicial Magistrate, Fatehabad, Agra, is hereby, quashed. The matter is remanded back to the Court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind. Order Date :- 7.3.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad