Allahabad High Court
Amarjeet Yadav And Another vs State Of U.P. And Another on 22 April, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:59852
Court No. - 84
Case :- APPLICATION U/S 482 No. - 43810 of 2024
Applicant :- Amarjeet Yadav And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kaushlendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the Cognizance order dated 30.05.2023 as well as entire proceedings of Criminal Case No. 8094 of 2023 (State Vs. Amarjeet & Others) arising out of Case Crime No. 0045 of 2022, under Sections 323, 325, 504, 506 IPC, P.S. Surauli, District Deoria, pending in the court of Additional Chief Judicial Magistrate Court No. 19, Deoria.
3. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The injuries received by the injured are simple in nature. The order passed by the court below is an abuse of the process of the court. He further submits that no prosecution could proceed against the applicants, in such circumstances.
4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that injured has received fracture and submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.
5. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
6. 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, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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.
7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 22.4.2025
Meenu Singh
