Neutral Citation No. - 2025:AHC:52870 Court No. - 84 Case :- APPLICATION U/S 482 No. - 26269 of 2024 Applicant :- Sunil Kumar Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 29.04.2024 passed by Chief Judicial Magistrate, Agra in Case No.3373 of 2018 (State vs. Sunil Kumar Diwakar and others) arising out of Case Crime No.1211 of 2017, under Sections 147, 148, 323, 504, 506, 427 and 452 I.P.C., P.S. Sikandara, District Agra pending in the court of Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. It is no injury case. Chargesheet submitted by the I.O. has not been supported by any material evidence. Thereafter trial court summoned the applicant. The applicant filed discharge application under Section 239 Cr.P.C. The trial court without appreciating argument rejected the discharge application. 4. Learned A.G.A. vehemently opposed the arguments raised by learned counsel for the applicant and submitted that trial court after appreciating the evidence collected during investigation and prima facie material evidence, rejected the discharge application. 5. Perusal of the F.I.R., evidence collected during investigation and finding recorded by C.J.M. shows that prima facie offence is made out against the applicant. The impugned order dated 29.04.2024 passed by Chief Judicial Magistrate, Agra is just and proper. Learned trial court has rightly relied upon a judgment of Hon'ble Apex Court in the case of Captain Manjeet Singh Virdi(Retd.) vs. Husain Mohmmed Shattaf and others decided on 18.05.2023, S.C. wherein it has been observed that at the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court. 6. In view of above, no interference is warranted in the matter. 7. The instant application filed under Section 482 Cr.P.C. is rejected. Order Date :- 10.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad