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2025 DAILYLAW 99220 (ALL)

DHEERAJ THAPAR AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/32014/2024 · 2025-07-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122599 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32014 of 2024 Applicant :- Dheeraj Thapar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge-sheet dated 02.07.2023 as well as cognizance order dated 04.08.2023 passed by Civil Judge (J.D.) Fast Track Court (CAW) in Case no. 122516 of 2023 (State of U.P. vs. Dheeraj Thapar and others) arising out of Case Crime no. 101 of 2021 under Section 67A of I.T. Act, PS- Mahila Thana, District Kanpur Nagar pending in court of A.C.J (J.D.) 07, Kanpur Nagar. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that whatever allegation has been levelled by the complainant against the applicants are merely result of instigation of wife of applicant no. 1. There is no independent witness who has supported the incident. Prosecution of applicants is wholly malicious. Applicants have no motive to commit alleged offence, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. In proceeding u/s 482 Cr.P.C, this Court is not inclined to hold mini- trial. 6. It is well settled that the inherent powers under Section 482 Cr.P.C are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. 7. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. Order Date :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad