Prem Singh @ Boby Vs State of Up and Another

Neutral Citation No. - 2025:AHC:122795

Court No. - 72

Case :- APPLICATION U/S 482 No. - 30764 of 2024

Applicant :- Prem Singh @ Boby Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh,Ankit Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard learned counsel for the applicant and learned AGA for the State.

¶7

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 8.6.2024; cognizance/summoning order dated 11.6.2024 as well as entire proceedings of Case No. 14522 of 2024, (State Vs. Prem Singh @ Baby) arising out of Case Crime No.183 of 2024, under sections 379, 411 I.P.C. Police Station Sikandara, District Agra, pending in the Court of Chief Judicial Magistrate, Agra.

¶8

Counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Cognizance/summoning order passed by learned Magistrate, is without application of judicial mind and the same is liable to be quashed.

¶9

Per contra, learned A.G.A. for the State submitted that considering the material evidences and allegations against the applicant on record, as on date, as per prosecution case, the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicants, the criminal proceedings against the applicants cannot be said to be abuse of process of Court. The applicant has criminal history and he is on bail. There is no illegality in the impugned summoning order and instant 482 Cr.P.C. application is liable to be dismissed.

¶10

After having heard the learned counsel for the parties and perusing the entire record, this Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sprangly, only in such an appropriate case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused

¶11

cannot be taken into consideration at this pre-trial stage.

¶12

It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court, at this stage. The relief as claimed by the applicants through this application is refused.

¶13

The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage.

¶14

Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within two weeks, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months, in accordance with law.

¶15

With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of.

¶16

Order Date :- 25.7.2025 Meenu Singh

¶17

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Prem Singh @ Boby v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Prem Singh @ Boby v. State of Up and Another

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

All orders in this case

Similar cases