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Neutral Citation No. - 2025:AHC:13632 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2749 of 2025 Applicant :- Hariom And 27 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 05.03.2022 and 19.06.2023 and also summoning order dated 03.10.2024 passed by A.C.J.M.-I, Gautambudh Nagar in Case No.7594 of 2024 (relating to Case Crime No.48 of 2021), State of U.P. v. Hariom and others, under Sections 147, 323, 332, 353, 504 I.P.C., Police Station Jarcha, District Gautambudh Nagar, pending in the Court of A.C.J.M.-I, Gautambudh Nagar. 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. 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. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Accordingly, prayer of the applicants is refused. However, in view of the submissions, it is provided that in case the applicants move an application for discharge through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.1.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad