Dismissed¶12

Ranjeet Bharti and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC15 Apr 2025A482/3004/2025

Case brief

AI extract

What is this about?

Keywords: Section 482 Cr.P.C.; quashing of FIR/proceedings; summoning order dated 10.1.2024; Criminal Case No. 1911/2024; Charge-sheet No. 01/2023 dated 19.11.2023; Case Crime No. 300/2023; Section 406 IPC; P.S. Tarabganj; District Gonda; Additional Chief Judicial Magistrate 1st Gonda; Ranjeet Bharti; State of U.P.; mala fide prosecution; harassment; disputed question of facts; prima facie case; disputed defence of the accused; application rejected; Hon'ble Salil Kumar Rai,J.; High Court of Judicature at Allahabad Lucknow Bench; Court No. 16; Neutral Citation 2025:AHC-LKO:20893; Order Date 15.4.2025.

What did the court decide?

None; the prayer for quashing the entire proceedings was refused and the application was rejected. ¶12

Ranjeet Bharti and Another Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

None; the prayer for quashing the entire proceedings was refused and the application was rejected.

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Issue for consideration

Whether the application under Section 482 Cr.P.C. seeking to quash the summoning order dated 10.1.2024 and the entire proceedings of Criminal Case No. 1911/2024 (arising out of Charge-sheet No. 01/2023 dated 19.11.2023 in Case Crime No. 300/2023, Section 406 IPC) should be allowed. +1 more

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Court's answer

The prayer for quashing the entire proceedings of the criminal case was refused.

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Ratio / Principle

Endorsing the submissions made by the learned A.G.A., the Court held that the applicants' contentions relate to disputed questions of facts which cannot be adjudicated upon by this Court under Section 482 Cr.P.C., that at this stage only a prima facie case is to be seen, and that the disputed defence of the accused cannot be considered at this stage.

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Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Ranjeet Bharti and another (counsel: Surya Prakash, Arsh Bugga) before Hon'ble Salil Kumar Rai, J. (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 16; Neutral Citation No. 2025:AHC-LKO:20893) seeking quashing of the summoning order dated 10.1.2024 and the entire proceedings of Criminal Case No. 1911/2024, arising out of Charge-sheet No. 01/2023 dated 19.11.2023 in Case Crime No. 300/2023 under Section 406 IPC, P.S. Tarabganj, District Gonda, pending before the Additional Chief Judicial Magistrate 1st, Gonda — REJECTED. The applicants contended that no offence was disclosed and the prosecution was mala fide, for harassment; the learned A.G.A.'s contrary submissions that the applicants' points relate to disputed questions of facts, not adjudicable under Section 482 Cr.P.C., that only a prima facie case is to be seen at this stage, and that the accused's disputed defence cannot be considered at this stage, were found to have force. The prayer for quashing was refused and, with these observations, the application was rejected. Order Date: 15.4.2025.

Ranjeet Bharti and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Ranjeet Bharti and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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