Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13769 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2760 of 2025 Applicant :- Mohd. Ismail Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Rai Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Sri Siddharth Rai, learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings as well as impugned charge-sheet dated 05.06.2020 and cognizance order dated 12.10.2020 in Criminal Case No. 779 of 2020 (State Vs. Mohd. Ismail), under Sections 406, 504, 506 of I.P.C., Police Station- Chandpur, Bijnor arising out of Case Crime No. 92 of 2020, pending in the court of learned Civil Judge (J.D.)/ Judicial Magistrate, Chandpur, Bijnor.
3. From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.
4. Accordingly, prayer of the applicant is refused.
5. However, in view of the submissions, it is provided that in case the applicant move an application for discharge through counsel within thirty days, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter.
6. Till the disposal of the discharge application, no coercive action shall be taken against the applicant.
7. With the aforesaid direction, this application is disposed of. Order Date :- 27.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad