Sanjay Kumar @ Khushi Ram And 5 ... vs State Of U.P. And Another
2023 Latest Caselaw 22551 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:168125
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 21767 of 2023
 

 
Applicant :- Sanjay Kumar @ Khushi Ram And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Garun Pal Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Anish Kumar Gupta,J.

1. Heard Sri Garun Pal Singh, learned counsel for the applicants and Sri Deepak Mishra, learned AGA appearing for the State.

2. The instant application has been filed seeking quashing of the charge sheet as well as cognizance/summoning order dated 01.06.2020 passed by learned Civil Judge (Senior Division)/FTC-II, Hathras along with the entire proceeding of Case No. 2053 of 2020 pertaining to Case Crime No. 044 of 2019, under Sections 498A, 323, 354, 406 and 506 IPC and Sections 3/4 D.P. Act, P.S. Mahila Thana, District Hathras, now pending before Civil Judge (Senior Division)/FTC-II, Hathras.

3. Learned counsel for the applicants submits that the instant case has been lodged against the applicants on the false and fabricated facts, therefore the general allegations have been made against all the applicants herein. Therefore, he has prayed for quashing of the entire proceeding as well as the summoning order passed in the said case.

4. Learned AGA for the State submits that from perusal of the FIR as well as charge sheet, it cannot be said that no offence is made out against the applicants herein and, therefore, there is no illegality in the summoning order and the summoning order cannot be said to have been passed without any material.

5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully perused the record of the case. From perusal of the FIR as well as the charge sheet, it cannot be said that no offence as alleged against the applicants is made out. The veracity of the allegations are to be tested during the trial of the case.

6. From the perusal of the F.I.R as well as the chargesheet and summoning order, it can't be said that no offence whatsoever is made out against the applicants herein. Therefore, in the light of the judgment in State of Haryana & Ors. vs. Bhajan Lal : 1992 SCC (Cri) 426 and Veena Mittal vs. State of U.P. & Ors: 2022 Live Law (SC) 110 : 2022 (1) RCR (Criminal) 818, this Court does not find any good ground for quashing the proceedings, as prayed by learned counsel for the applicant. Hence an Application u/S 482 is hereby dismissed.

Order Date :- 21.8.2023

Ashish Pd.