Neutral Citation No. - 2025:AHC:69141 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26216 of 2024 Applicant :- Ajay Kumar Alias Bhure Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Krishna Kumar Singh, learned counsel for applicant and learned AGA. 2. The present application has been preferred challenging the chargesheet dated 24.12.2023 as well as entire criminal proceedings of Case No.350 of 2024 (State Vs. Ajay Kumar alias Bhura), arising out of Case Crime No.458 of 2023, under Section 380, 511 IPC and Section 3/25 Arms Act, Police Station Thakurdwara, District Moradabad, pending in the court of learned Judicial Magistrate, Thakurdwara, Moradabad. 3. Brief facts of the present case are that opposite party no.2 lodged an FIR bearing Case Crime No.458 of 2023 against applicant alleging that on dated 31.10.2023 at about 2.30 A.M. when opposite party no.2 was sleeping in his house, on the movement of his buffalo, he wake up and saw the applicant who was stealing his buffalo thereafter, informant caught him and during search, a 315 bore pistol with cartridge was also found from his possession. After lodging of the FIR, the concerned Investigating Officer started inquiry and after conclusion of the same, preferred charge-sheet on dated 24.12.2023 against applicant whereupon learned court concerned has taken cognizance/summoning of offence vide order dated 09.02.2024 which impugned the present petition. 4. Learned counsel for applicant has challenged the entire proceedings of the said case on the basis of certain documents through which it has been tried to demonstrate that applicant was arrested on dated 30.10.2023 and thereafter he has been falsely implicated in the incident dated 31.10.2023 as mentioned in the narration of FIR lodged on dated 31.10.2023, those documents have also been made part of the pleadings. The relevant document over which attention of this Court has been sought by learned counsel for applicant that the information received through Right to Information Act, 2005 provided by concerned Incharge Sub Inspector, U.P.-112 (system generated by the police department for taking immediate action on phone call) which shows that applicant arrested on dated 30.10.2023 with countrymade pistol of 315 bore and thereafter released on the same date without having any endorsement of recovery of the said countrymade pistol and again applicant was arrested on 31.10.2023 with countrymade pistol on specific allegations which were part of the narration of FIR whereupon chargesheet has been submitted by concerned Investigating Officer and cognizance of offence has also been taken by learned concerned court. 5. Learned counsel for applicant relied upon the contradictory date of events which is apparent from documentary proofs to submit that these are excluding the involvement of applicant in either of the incident and as such, applicant has falsely been implicated in the present case. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and rebutted the stand taken up by learned counsel for applicant by way of submitting that contradictory evidences preferred at the behest of applicant while preferring the instant application as well as filing rejoinder affidavit, may not entitle the applicant to exclude him from the proceedings initiated in pursuance of Case Crime No.458 of 2023 and all those documents will be subject matter of trial to be proved by either of side i.e. prosecution or defence. 7. After having the rival contentions raised by learned counsel for parties and perusal of all the material available on record which have been brought to the notice of the Court through instant application as well as counter and rejoinder affidavit, it appears that those documents are contradicting either of the incidents happened on 30.10.2023 or 31.10.2023 but all these evidences will be considered carefully at the stage of trial by learned court concerned since the matter has been proceeded in pursuance to Case Crime No.458 of 2023 wherein the incident of 31.10.2023 has to be examined on its own veracity and legality based upon the statements recorded by witnesses as well as evidences which have to be led during trial by prosecution as well as defence and the said stage is still to come up before learned trial court concerned and as such, the same cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. 8. In view of the aforesaid facts and circumstances, the present application is hereby disposed of with direction to learned Judicial Magistrate, Thakurdwara, Moradabad that while proceeding with trial of the present case, he shall consider the evidences which have been brought to the notice of this Court through instant petition as well as counter and rejoinder affidavit. 9. This Court is much hopeful that the grievance, if any, pertains to applicant, the same can be redressed by way of adopting other remedies available at law. Order Date :- 1.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad