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Neutral Citation No. - 2025:AHC:23028 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2151 of 2025 Applicant :- Naresh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Nand Lal Yadav, learned counsel for the applicant, Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent. 2. This application has been filed u/s 482 Cr.P.C. for quashing the entire criminal proceedings arising out of Summoning order dated 02/12/2024 in Case No.72919/2024 in Charge-sheet dated 29/08/2024 in F.I.R. dated 24/08/2023 registered as Case Crime no. 751/2023 under Sections 352, 323, 504, 427, 325 IPC at P.S. Kavi Nagar, Nagar (Commissionerate Ghaziabad), District- Ghaziabad pending before the Court of Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel for the applicant submits that as per the F.I.R. being F.I.R. No. 0751, under Sections 427, 504, 323, 352, 147 IPC allegation has been levelled that the applicant along with other co- accused were present in official meeting and thereafter along with the outsiders bounced upon opposite party No.2 and extended injuries and administered beating. Learned counsel for the applicant submits that though page No.31 of the paper-book being the supplementary injury report shows that injuries are grievous in nature but there is nothing on record either in the F.I.R. or in the
application under Section 161 of Cr.P.C. so as to suggest that there was any injuries like that. He submits that applicant has been falsely implicated and only general role has been assigned. 4. Learned AGA on the other hand submits that the issues, applicants seeks to raise cannot be gone into, particularly, in view of the fact that once the offences are made out and there are grievous injuries also. 5. Having heard learned counsel for the parties, I am of the opinion that offences are made out and so far as the defence sought to be taken by the applicant that he is innocent and no such injuries were sustained cannot be accepted, particularly, when the supplementary injury report shows that grievous injuries have been sustained. 6. In view of the above, the application stands consigned to record.
However, it goes without saying that it is always open for the applicants to seek appropriate bail/discharge application and in case such an application is moved, this Court has no reasons to disbelieve that the same shall be decided strictly in accordance with law as per the law of the land. Order Date :- 17.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad