HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 32151 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Vimlendu Tripathi assisted by Shri Parijat Mishra, learned counsel for the applicant and Shri S.D.Shukla, learned A.G.A. for the State. 2. The present application U/S 482 Cr.P.C. has been filed with prayer to quash the impugned summoning order dated 09.10.2023 as well as entire proceedings of Sessions Trial No.2625 of 2023 (State of U.P. Vs. Krishna Yadav alias Vikki alias Krish & others), arising out of Case Crime No.503 of 2023, under Sections 394, 420, 467, 471, 411 of IPC, P.S. Tajganj, District Agra, pending in the Court of learned Special Judge (Dacoity Affected Area)/ Additional Sessions Judge, Court No.03, District Agra. 3. It is contended by learned counsel for the applicant that the present prosecution is an abuse of the process of the Court as it has been lodged to wreak vengeance on the applicant. It is further submitted by learned counsel for the applicant that only evidence against the applicant is based on the confessional statement of co-accused Krishna Yadav, which is not admissible in evidence. Learned counsel has placed reliance upon the judgement of Hon'ble Supreme Court in case of Karan Talwar Vs. State of Tamil Nadu, 2024 SCC OnLine SC 3803. 4. Learned counsel for the applicant further submits that the alleged recovery were not believable and the same has been fortified by the CCTV footage as admitted by the Investigating Officer. He further submits that the alleged recovery has been shown after delay of 20 days of the incident. Learned counsel has placed reliance upon the judgement of Hon'ble Supreme Court in case of Mohd. Wajid and another Vs. State of Uttar Pradesh and others, (2023) 20 Supreme Court Cases 219, in which, the Court has held Versus Counsel for Applicant(s) : Parijat Mishra, Vimlendu Tripathi Counsel for Opposite Party(s) : G.A. Vikram Beniwal Alias Tosu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that while deciding an application for quashing, the Court has to look into the attending facts and circumstances of the case also. 5. On the other hand, learned AGA submits that the charge has already been framed and the trial Court is proceeding in the matter. 6. Considering the facts and circumstances of the case and the nature of allegations made against the applicant, a prima facie case is made out. 7. Prima facie, matter requires consideration. 8. Issue notice to opposite party no.2 returnable at an early date. 9. The opposite parties may file their counter affidavit within four weeks. 10. Rejoinder affidavit may thereafter be filed within two weeks. 11. List this case after six weeks as fresh. 12. Till the next date of listing, further proceeding of Case Crime No.503 of 2023, under Sections 394, 420, 467, 471, 411 of IPC, P.S. Tajganj, District Agra, pending in the Court of learned Special Judge (Dacoity Affected Area)/ Additional Sessions Judge, Court No.03, District Agra, against the applicant, shall remain stayed. However, the trial Court shall proceed against the other co-accused persons. October 6, 2025 RKM A482 No. 32151 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad