Neutral Citation No. - 2025:AHC:84862 Court No. - 87 Case :- APPLICATION U/S 482 No. - 27859 of 2024 Applicant :- Rajesh Kumar Sing Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing of entire proceedings of complaint Case No. 1004 of 2015 (Upendra Narayan Singh vs. Rajesh Kumar Singh and others), under section 323, 379, 452, 504, 506 I.P.C, Police Station Rohaniya, District Varanasi and summoning order dated 17.05.2024, pending before Special Chief Judicial Magistrate Varanasi. 3. Learned counsel for the applicant submits that the opposite party no. 2 has filed a complaint under section 156(3) Cr.P.C. on 13.05.2015 against the applicant, which was treated as complaint case by the Special Chief Judicial Magistrate Varansi. The complaint was registered as Case No. 113 of 2015 and after recording the statement under section 200 and 202 Cr.P.C., learned magistrate rejected the complaint vide order dated 13.11.2020, which was challenged by the opposite party no. 2 by way of filing revision before the Revisional Court and the Revisional Court allowed the revision vide order dated 31.03.2022 with a direction to the court concerned to pass a fresh order after hearing the parties and also set aside the order dated 13.11.2020. Thereafter, Magistrate reconsider the complaint case and issued summons vide order dated 17.05.2024. He further submits that the order passed by the learned Magistrate is a sheer abuse of the process of the law, as the summoning order has been passed without issuing notice, therefore, the entire proceedings relating to the complaint case be quashed. 4. Per contra, learned A.G.A. vehemently opposed the application and contended that the statement of witnesses corroborates the prosecution story. It is further submitted that the learned Magistrate has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings. 5. Considering the submission advanced by learned counsel for the parties, perusal of material on record and looking into the facts of the case, at this stage, prima facie, it cannot be said that no offence is made out against the applicant. The summoning order dated 17.05.2024 has been issued after looking into the complaint and after adducing the evidence under Section 200 and 202 Cr.P.C. 6. The argument raised by the applicant 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 matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 and in the cases of 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 judgements 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 applicant to take all its defence in the trial. 10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 20.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad