Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 93181 (ALL)

BIJENDRA ALIAS VIJENDRA SINGH v. STATE OF U.P. AND ANOTHER

A482/30287/2024 · 2025-04-28

Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66842 Court No. - 87 Case :- APPLICATION U/S 482 No. - 30287 of 2024 Applicant :- Bijendra Alias Vijendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singh,Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Dharmendra Singh, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicant praying for quashing the summoning order dated 29-03-2023 as well as entire proceedings of Complaint Case No. 20865 of 2021, under Sections 323, 504, 506 IPC, P.S. Linepar, district Firozabad. 3. Learned counsel for the applicant submits that Opposite Party No.2 had moved an application under Section 156(3) Cr.P.C., alleging that his son, Gaurav Yadav, who was admitted to Sarnam Singh I.T.I. in the Wireman Trade, was assaulted by the applicant on 02.03.2021 while appearing for a practical examination. It was further alleged that the applicant caused injury to his son’s ear and also abused and assaulted Opposite Party No.2. The said application was treated as a complaint, and after recording the statements of the complainant and witnesses under Sections 200 and 202 Cr.P.C., the applicant was summoned by the learned Magistrate vide order dated 29.03.2023, which is impugned herein. 4. It is contended by the learned counsel for the applicant that the son of Opposite Party No.2 was not permitted to appear in the practical examination due to non-payment of fees, and as a counterblast, the present complaint was filed maliciously. 5. Per contra, learned A.G.A. submits that no such averment has been made in the application filed under Section 482 Cr.P.C., and the arguments advanced are unfounded and unsupported by any material on record. 6. I have considered the submissions of learned counsel for the parties and perused the impugned order dated 29.03.2023. 7. The arguments raised by the learned counsel for the applicant are not supported by any document or pleading. Upon perusal of the summoning order dated 29.03.2023, this Court does not find any illegality, irregularity, or perversity in the said order warranting interference under Section 482 Cr.P.C. 8. Hence, the instant application cannot be entertained and is, accordingly, dismissed. Order Date :- 29.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad