Neutral Citation No. - 2025:AHC:117115 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.5) Court No. - 78 Case :- APPLICATION U/S 482 No. - 34394 of 2024 Applicant :- Sudhir Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Sharma,Rajesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Rajesh Kumar Sharma, learned counsel for the applicants and Sri Vinay Prakash Sahu, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 28.05.2024 as well as impugned summoning order dated 24.08.2023 passed in Criminal Revision No. 214 of 2023 against Complaint Case No. 845 of 2023 under Sections 452, 323, 324, 504 and 506 I.P.C., P.S.- Fariha, District- Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Firozabad. 3. Learned counsel of the applicants submits that on the date of incident itself, the police proceeded against both parties under Sections 107 and 116 Cr.P.C. and no medical examination of the complainant was conducted at the behest of the police. Subsequently, on the next date the complainant had got his medical examination conducted and thereafter, the instant complaint has been filed by the applicant herein. In the said complaint, vide order dated 24.08.2023, the applicants herein have been summoned for the offenses under Sections 452, 323, 324, 504 and 506 I.P.C. Against the said summoning order, a criminal revision was filed by the applicants herein, which was also dismissed vide order dated 28.05.2024 and the summoning order was affirmed against the applicants, against which the instant application has been filed. 4. Learned counsel for the applicants submits that the instant complaint case was filed by the opposite party no.2 with regard to dispute of boundary wall of the temple, which was being occupied by the complainant. The same was objected to by the applicants. Therefore, the instant case has been filed falsely implicating the applicants herein. 5. Per contra, learned A.G.A. submits that the fact as stated by learned counsel for the applicant that on the date of incident itself, the police has proceeded against the applicants as well as the complainant under Sections 107 and 116 Cr.P.C., which itself speaks for the fact that some incident has taken place on that date. A medical examination of the complainant was conducted on the next date, according to which the complainant sustained eight injuries, including incise wounds, which supports the allegations as made in the complaint case by the opposite party no. 2. Therefore, a prima facie case is made out against the applicants herein. Therefore, no interference is called for in the instant case. 6. Having heard the rival submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the perusal of the complaint, injury report and the statements of witnesses under Sections 200 and 202 Cr.P.C., it is apparent that a prima facie case is made out against the applicants and the trial court, having been satisfied that a prima facie case is made out against the applicants has summoned them for the offenses as stated herein above. 7. In view thereof, this Court do not find any good reason to entertain the instant application and the same is accordingly dismissed. Order Date :- 18.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad