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2025 DAILYLAW 98887 (ALL)

HRIDAY NARAYAN SINGH AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/32057/2024 · 2025-04-15

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55581 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32057 of 2024 Applicant :- Hriday Narayan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Nilesh Kumar Dubey 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 impugned summoning order dated 06-07-2024, passed by Additional Chief Judicial Magistrate, Court No.12, Jaunpur, District- Jaunpur in case crime no. 41/2024, U/S 323, 504, 506 I.P.C. Further prayer has been made to quash the entire proceeding in case crime no. 41/2024, U/S 323, 504, 506 I.P.C., pending before Additional Chief Judicial Magistrate Court No.12, Jaunpur, District-Jaunpur. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated due to mala fide intention. No offence under the alleged sections is made out. Allegation alleged in the first information report is false & baseless. Further, applicants' side has also lodged complaint against Opposite Party No. 2, which is pending. He therefore submits, no prosecution could proceed against the applicants, in such circumstances. 4. Per contra, learned A.G.A. submits that the submission of applicants' counsel is based on factual dispute. 5. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. 6. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. 7. However, if the applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of three months from the date of filing of discharge application. Order Date :- 16.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad