Neutral Citation No. - 2025:AHC:56981 Court No. - 84 Case :- APPLICATION U/S 482 No. - 31858 of 2024 Applicant :- Rajan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the the impugned Charge sheet no. 17 of 2017, dated 28.03.2017 and cognizance/summoning order dated 06.12.2017 passed by A.C.J.M., Budaun, order dated 07.04.2023 passed by Judicial Maigstrate, 1st Budaun and the order dated 15.07.2024 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court no.7., Budaun in Case no. 4241 of 2018 (Old no.1669 of 2017) in connection with case crime no. 80 of 2017, under section 452, 323, 504, 506 I.P.C., Police Station- Ushait, District- Budaun as well the entire proceedings of case no. 4241 of 2018 in connection with case crime no. 80 of 2017, under section 452, 323, 504, 506 I.P.C., Police Station- Ushait, District- Budaun, pending in the Court of pending in the Court of J.M., Court no.7 Budaun. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. He next submitted that order dated 15.07.2024 by which applicants' discharge application has been rejected, is without application of judicial mind. He next submitted that instant first information report was registered against four accused persons, thereafter, I.O. submitted charge-sheet against all four accused persons but after the order of further investigation, I.O. has submitted second charge-sheet against only two accused persons, namely, Moti Lal and Munga Lal and applicants were exonerated in the second charge-sheet. He next submitted on 06.12.2017, Trial Court issued summons against all accused persons and applicants applied for bail and released on bail, thereafter, charges were framed against accused persons and after getting information that in further investigation, I.O. has not found any material evidence against the applicants and exonerated the applicants, applicants moved discharge application. The discharge application of the applicants has been rejected by the court concerned on the ground that charges have been framed and trial is at the stage of evidence, which is well beyond the stage of discharge, hence, in the opinion of Trial Court application under Section 239 Cr.P.C. is not maintainable at this stage. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that, prima facie, offence is made out against the applicants, hence, applicants are not entitled for relief as prayed. Trial Court after considering both the charge- sheets, has summoned the applicants. Applicants have moved application only to delay the Trial. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. Since, charges have been framed and proceeding is at the stage of evidence, as such, at this stage discharge application cannot be considered. From the record, it is also apparent that court concerned has issued summons against all accused persons after submission of further investigation report. Record discloses that second charge-sheet was filed on 15.07.2024 and order of summons have passed on 06.12.2017. Thereafter, applicants applied for bail and have been released on bail. Applicants have moved discharge application after framing of charges against them. Applicants could have raised these points at the time of framing of charges but they did not make any objection. The discharge application of the applicants under Section 239 Cr.P.C. is not supported by any averment that when applicants got knowledge regarding submission of further inquiry report, which demonstrate that application has been filed with malicious intention to delay the proceedings. Moreover, the evidence collected during investigation, prima facie, discloses offence against the applicants. Order dated 15.07.2024 passed by learned Trial Court is just and proper and no interference is required. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 17.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad