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Neutral Citation No. - 2025:AHC:85986 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29440 of 2024 Applicant :- Ravi Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 12.09.2023 along with cognizance order dated 03.02.2024 and the entire proceedings of Criminal Case No.7240 of 2024 (State vs. Ravi Sonkar) arising out of Case Crime No.103 of 2022, under sections 298, 507, 153A I.P.C. and section 66F of I.T. Act, P.S. Babupurwa, District- Kanpur Nagar, pending in the court of learned Metropolitan Magistrate-9, Kanpur Nagar.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant as well as the applicant has no criminal history to his credite and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed.
7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 21.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad