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Neutral Citation No. - 2025:AHC:115619 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43499 of 2024 Applicant :- Vishnu Kant Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Singh,Utkarsh Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 20.08.2023, summoning order dated 01.11.2023 as well as entire proceedings of Criminal Case No.26 of 2024 arising out of Case Crime No.14 of 2022, under sections 419, 420, 467, 468, 471, 34 I.P.C., Police Station Raipur, District Sonbhadra, pending in the court of First Additional Civil Judge (Junior Division)/Judicial Magistrate, Sonbhadra.
3. Allegation alleged in the FIR is false and baseless, not supported by any evidence. Investigating Officer has not collected any evidence to prosecute the applicant. There is no signature of the applicant in the transfer order. The applicant has forwarded the matter for preparing record/patrawali and after obtaining permission, he sent the documents. Applicant is retired from service and his name surfaced after about one and half months during investigation.
4. Per contra, learned AGA and learned counsel for the informant opposed the submission of applicant's counsel and submitted that the submission raised by
learned counsel for the applicant is not supported by any evidence.
5. The prayer for quashing the entire proceedings, charge sheet, summoning order of the aforesaid case against the applicant is, hereby, refused.
6. However, if applicant moves discharge application before the concerned court below within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application.
7. With the above directions, this 482 application is disposed of.
8. Till then no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 17.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad