Paras Yadav and 8 Others Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(SN.37)

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Neutral Citation No. - 2025:AHC:117187

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 29814 of 2024

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Applicant :- Paras Yadav And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Awadhesh Kumar Malviya, learned counsel for the applicant and Shri Rajesh Kumar Gupta, learned A.G.A. for the State.

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The instant application under section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 1.5.2024 passed by the Addl. Civil Judge (JD)/Judicial Magistrate, Court No. 8 Ghazipur under section 147, 323, 504 IPC against the applicants no. 1to 7 and under sections 147, 323, 354, 504 IPC against the applicants no. 8 and 9 police station Karanda District Ghazipur in Criminal Case No. 68452 of 2023 (Rohit Yadav Vs. Paras Yadav).

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Learned counsel for the applicant submits that there is a civil dispute between the parties and in connection with the same the parties have filed cases after cases against each other. With regard to the date of incident as alleged in the instant complaint case, the uncle of the applicant no. 1 Shri Ram Bachan Yadav had already lodged an NCR against Deepak Yadav and Savita Devi, who is mother of the opposite party no. 2. The matter was investigated and charge sheet has also been filed against the opposite party no. 2. As a counter blast to the same the instant complaint case has been lodged by the opposite party no. 2 against the applicants.

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Learned counsel for the applicants further submits that in the instant complaint case as well the same incident has been narrated and the instant complaint has been filed to put pressure upon the applicants not to press the cases lodged against the opposite party no. 2. Therefore, learned counsel submits that it is a malicious prosecution against the applicants by the opposite party no. 2 and seeks quashing of the entire proceedings of the instant case.

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Per contra, learned A.G.A. submits that it cannot be said that no incident as alleged in the complaint case has occurred as it is admitted case of the applicants that on the date and time an incident has taken place for which an NCR was lodged by the uncle of the applicants, which was subsequently converted into FIR. Thus the contents in complaint case is that the applicants in collusion with the police registered a report against the family members of the opposite party no. 2 falsely implicating his brother as well who was not even present at the time of incident and he was appearing in an examination at Champaran and despite giving application and medical examination report, the police has not registered the FIR against the applicants herein. Therefore the complaint was filed against the applicants. It is further submitted that since there is no denial of the incident by the both the parties, therefore, who is the aggressor in the incident, it can be determined at the time trial and no interference is called for.

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Having heard the learned counsel for the parties, this court has carefully gone through the entire record. The incident dated 21.8.2023 is not disputed by the applicants for which a report was lodged by the uncle of the applicants no. 1 and 2. The reason for filing the complaint case has been well explained in the complaint itself as to why the report on behalf of the opposite party no. 2 was not registered for quite some time. Therefore, once the incident is not denied by the applicants, therefore, who was the aggressor party in the incident can very well be determined during the trial and it cannot be decided while exercising the powers under section 482 Cr.P.C.

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In view of the above this court do not find any good reason to interfere with the proceedings of the trial court. Accordingly, the instant application is dismissed.

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Order Date :- 18.7.2025 o.k.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad

Paras Yadav and 8 Others v. State of U.P. and Another

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