Neutral Citation No. - 2025:AHC:119796 Court No. - 79 Case :- APPLICATION U/S 482 No. - 11573 of 2006 Applicant :- Smt. Anita Devi And Another Opposite Party :- State Of U.P. Thru The Secy. Home Lkw. And Another Counsel for Applicant :- L.M. Singh Counsel for Opposite Party :- Govt. Advocate,Bijai Prakash Tiwari Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State-O.P. no.1, Sri B.P. Tiwari, learned counsel for opposite party no.2 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing the entire proceedings of S.S.T. No.57 of 2005, arising out of Case Crime No.78 of 2006, under Sections 392, 336 IPC, pending in the Court of Special Judge, Decoity Affected Area, Kanpur Dehat. 3. In the instant matter, an FIR was lodged by O.P. no.2 against the applicants on 22.06.2006 alleging that when he was coming to his house after closing his shop, on the way one unknown person assaulted him and looted his valuable ornaments and Rs.30,000/-. It was further alleged that the said incident was seen by his nephew and son and if the said person comes before them they will recognize him. In the said case, after investigation charge-sheet was filed on 17.08.2006 and summons were issued on 12.09.2006. The entire criminal proceedings have been challenged in this application. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that in absence of any evidence summons cannot be issued against the applicants. The entire proceedings are vitiated in the eyes of law. He also submits that the instant proceedings is nothing else but a pure abuse of process of law. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicants. 5. Per contra, learned A.G.A. and learned counsel for opposite party no.2 vehemently opposed the application and contended that the cognizance has been taken only against applicant no.2 but the applicant no.1, wife of applicant no.2 has wrongly been impleaded to gain sympathy of the Court. It is further submitted that the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that prima facie no offence is made out against the applicants. The cognizance order has been issued after perusing the material collected during investigation of the case. The arguments raised by learned counsel for the applicants are all disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 7. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 9. However, it is open for the applicants to take all its defence in the trial. 10. Hence, the instant application cannot be entertained and is, accordingly, dismissed. Order Date :- 22.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad