Neutral Citation No. - 2025:AHC:39369 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20480 of 2024 Applicant :- Javed Mian Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the entire proceedings of Case No.30 of 2021 (State vs. Javed Mian and Others) arising out of Case Crime No.351 of 2020, under sections 353, 307, 379, 411, 506 I.P.C. and sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, P.S. Ganj, District- Rampur, pending in the court of learned Additional Chief Judicial Magistrate-III, Rampur including the charge-sheet dated 27.02.2021 as well as cognizance/summoning order dated 22.03.2021 and other process issued against the applicant in the abovementioned case. 3. Learned counsel for the applicant submitted that the proceedings initiated against the applicant is the abuse of process of law, since none of the person including the complainant in this case has received any injury, which is supported by any medical evidence and as such no offence under section 307, 353 and 506 I.P.C. has been made out against the applicant. It is further submitted that the allegation against the applicant is only of sitting on his truck while carrying sand, hence offence under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 has also not been made out; therefore it is clear that submission of charge-sheet against the applicant, cognizance taking order and the process initiated against the applicant in shape of Case No.30 of 2021 (State vs. Javed Mian and Others) is not sustainable in the eye of law and as such the same are liable to be quashed. It is further submitted that applicant has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.01.2021, the said order is annexed as Annexure No.3 to the affidavit filed in support of this application. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant by way of submitting that after considering the material on record, charge-sheet has been submitted and cognizance has been taken up against the applicant and as such the proceedings initiated against the applicant in shape of Case No.30 of 2021 (State vs. Javed Mian and Others) is sustainable in the eye of law. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that there is no infirmity in the impugned charge-sheet, cognizance taking order as well as in the proceedings initiated against the applicant in shape of abovementioned case. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 19.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad