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Neutral Citation No. - 2025:AHC:77780 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21464 of 2024 Applicant :- Javed Akhtar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham,Sr. Advocate Counsel for Opposite Party :- G.A.,Vinod Singh Hon'ble Saurabh Srivastava,J.
1. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Shubham Tripathi, learned counsel for the applicant, learned A.G.A. for State and Sri Vinod Singh, learned counsel for opposite party no.2.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 09.03.2022 along with cognizance order dated 29.03.2022 as well as the entire proceedings of Case No.3006/9 of 2022 (State vs. Javed Akhtar and Others) arising out of Case Crime No.05 of 2022, under sections 355, 504 I.P.C. and section 3 of Epidemic Diseases Act, 1897 and section 56 of Disaster Management Act, 2005, P.S. Mansoorpur, District- Muzaffarnagar, pending before learned court of Chief Judicial Magistrate, Muzaffarnagar.
3. Learned Senior Counsel appearing on behalf of applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. and learned counsel for opposite party no.2 vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial, which cannot be considered by this Court at this stage and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for
the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed.
7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 13.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad