Neutral Citation No. - 2025:AHC:129098 Court No. - 72 Case :- APPLICATION U/S 482 No. - 30418 of 2024 Applicant :- Monu Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Haris Khan,Rafiqa Anees Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet dated 25.11.2019;cognizance/summoning order dated; impugned order dated 08.02.2023 passed by the learned Judicial Magistrate 1, District-Hapur 16.01.2020 as well as entire proceeding of Case No 290 of 2020 arising out of Case Crime No. 497 of 2018, under Sections 420,506 of I.P.C, Police Station- Babugarh, District Hapur. 3. Instant application has been filed against the impugned order dated 08.02.2023 by which the learned Magistrate has allowed the application of the informant directing the Investigating Officer to further investigate the matter against the accused Abhinav Shukla and Pooja. Counsel for the applicant has challenged this order taking reference of the judgment of Apex Court passed in K. Vadivel Vs. K. Shanthi and others AIR 2024 SC 5064. It is next submitted that the order of further investigation by the learned Magistrate is without application of judicial mind and informant has opportunity to file protest petition. The Investigating Officer has not collected any material evidence against the applicants to prosecute them in the present case. Instant proceedings is malicious and is liable to be quashed. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that the I.O. had submitted charge sheet with observation that whereabouts of accused, Abhinav Shukla and Pooja, could not be collected, therefore, no material evidence collected against them. The learned Magistrate directed the I.O. to further investigate the matter with regard to accused Abhinav Shukla and Pooja, who are not the applicant in the present case. 5. 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 applicants. The reliance placed upon the judgment of Apex Court in K. Vadivel (Supra) is not applicable in the present case. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The applicants are not aggrieved by the order dated 08.02.2023. 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. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 1.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad