Neutral Citation No. - 2025:AHC:53250 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26657 of 2024 Applicant :- Ram Janam And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ziya Uddin Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. for the State and perused the material on record. 2. The instant application has been filed with the prayer to quash the entire proceeding of Case No. 3520 of 2020, arising out of Case Crime No. 296 of 2019, Police Station Chetganj, District Varanasi, under Sections 147, 148, 149, 188, 332, 353, 341 of IPC and Section 7 of Criminal Law (Amendment) Act, (State Vs. Manish Sharma and Others) pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Varanasi as well as quash the cognizance order dated 20.02.2020 passed by Additional Chief Judicial Magistrate, Court No. 9, Varanasi, passed in Case No. 3520 of 2020, arising out of Case Crime No. 296 of 2019 (State Vs. Manish Sharma and Others) as well Charge-Sheet dated 06.01.2020 (State Vs. Manish Sharma and Others). 3. The brief fact of the case as alleged in the FIR is that on 19.12.2019, a procession and demonstration led by Manish Sharma of the Maxwadi Communist Party of India was proposed at Beniyabagh Maidan, Varanasi. Authorities had denied permission for this gathering due to existing restrictions under Section 144 of CrPC. Manish Sharma was explicitly informed that the event was unlawful. Notwithstanding the prohibition, Manish Sharma and 55 other named individuals, along with 20-25 unidentified persons, assembled near Saraigovardhan at approximately 13:00 hours and allegedly engaged in anti-national sloganeering. The police officers, including SHO Praveen Kumar, arrived at the scene to intervene, explain the legal restrictions, and urge the crowd to disperse. However, the group reportedly became violent, confronting the police, engaging in physical altercations, obstructing traffic, and causing public disorder. The unrest led to a chaotic situation, forcing shops and residents to take shelter. Consequently, an FIR was registered under sections 147, 148, 149, 188, 332, 353, and 341 of IPC and Section 7 of the Criminal Law Amendment Act. 4. Learned counsel for the applicants has submitted that dharna was leaded by one of Manish Sharma and present applicants have no concerned with those people and dharna. It is further contended that charge-sheet has been filed without there being any evidence whatsoever against the applicants. The allegations are false and frivolous, the proceedings are initiated with mala fide intention. He next contended that neither there is any material to frame the charge against the applicants nor the proceeding can fruitfully be continued against them. It is further contended that in this case no one injured and this case is no injury case, therefore, offence under Sections 147, 148, 149, 188, 332, 353, 341 of IPC and Section 7 of Criminal Law (Amendment) Act is not made out against the applicants and story of police authorities is doubtful and nut shell. 5. Per contra, learned A.G.A. for the State controverts the submissions of learned counsel for applicants on the ground that the investigating officer after making due investigation of the case and also recording the statements of the witnesses, submitted the charge-sheet. It has further submitted that the applicants are involved in the present case. It is next submitted that applicants are named in the FIR and there are allegations against them. 6. From perusal of the material on record and looking into the facts of the case, at this initial stage it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C. 7. This Court does not deem it proper, and therefore, cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused-applicants, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. Therefore, this Court does not find any justification to quash the proceedings against the applicants. 8. Accordingly, the prayer for quashing the same is refused, as this Court does not find any illegality, impropriety and incorrectness in the proceedings under challenged. There is no abuse of Court's process either. 9. With the aforesaid observations, the instant application is dismissed. Order Date :- 10.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad