Allahabad High Court
Pradeep Kumar vs State Of U.P. And Another on 21 August, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:143935
Court No. - 72
Case :- APPLICATION U/S 482 No. - 334 of 2025
Applicant :- Pradeep Kumar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mrityunjay Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; 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 summoning order dated 07.10.2024 as well as entire criminal proceedings of Case No. 212 of 2024, Case Crime No.60 of 2023, under Sections 323, 504, 506, 435, 354 I.P.C., P.S. Gabhana, District Aligarh.
3. Instant F.I.R. has been lodged after two days of the incident alleging that on 17.12.2022 at about 10:30 am., the first informant along with other persons went to the field to take the fodder and at the same time, the present applicant along with other co-accused persons armed with lathi, danda arrived at the place of incident and started abusing to them. When protest was made, the accused persons started marpeet and engaged in physical molestation and obscene activity. During this protest, one injured Ritu was pushed into the fire, as a result, she suffered fire arm injury. The injured were examined by the doctor on the same day.
4. Counsel for the applicant submits that allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. inquired the matter but did not find any evidence against the applicant and submitted closure report/final report No.42 of 2023 dated 11.06.2023. The opposite party no. 2 moved protest application before the trial court. The trial court vide order dated 01.02.2024, accepted the protest application, set aside the final report and treated the application as complaint and put the case for statement under Section 200 Cr.P.C. and 202 Cr.P.C. Counsel for the applicant next submits that on perusal of F.I.R. and other material evidence, the dispute between the applicant and opposite party no. 2, prima facie, discloses civil nature dispute as civil suit is filed for cancellation of the forged sale deed. It is further submitted that on perusal of the F.I.R. as well as the statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C., it reveals that injured Ritu was thrown into fire but there is no fire arm injury. The other injured has received very minor injury and same are not supporting the prosecution story. Moreover, the applicant, Pradeep Kumar is an advocate and counsel on behalf of named accused persons having no concern with the alleged incident. The applicant has been falsely implicated being a counsel of the accused persons named in the complaint. On perusal of statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C., no offence under the alleged Section is made out. The learned Magistrate without applying judicial mind summoned the applicant. He further submits that no prosecution could proceed against the applicants, in such circumstances.
5. Learned A.G.A. vehemently opposed the submission raised by counsel for the applicant and submitted that on perusal of summoning order as well as statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. and injury report, prima facie, offence is made out against the applicant. It is next submitted that submission raised by counsel for the applicant 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.
6. 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 applicant. The medical examination report, prima facie, discloses offence against the applicant. Moreover, the injured and victim in their statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. as well as statement under Section 200 and 202 Cr.P.C. have made statement against the applicant with regard to assault and physical molestation. The trial court after appreciating the evidence, medical examination report and statement recorded under Sections 200 and 202 Cr.P.C., has rightly summoned the accused in the present case. The order impugned is just and proper and does not require any interference by this Court. 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.
7. 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.
8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 21.8.2025
Meenu Singh
