Vali Mohd. and 6 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3524 of 2025

Applicant :- Vali Mohd. And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ambrish Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

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The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed with the following main relief:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and setting aside the impugned summoning order dated 20-09-2024 passed by the Additional Chief Judicial Magistrate Court No-1 Gonda in Case Crime No. 115 of 2021 under Sections 147, 148, 171 च , 188, 269, 270, 323, 332, 353, 427, 504,506 IPC and 7CLA Act and 51 Disaster Act Police Station -Dhanepur District- Gonda and also set aside the Charge sheet bearing its No- 01/2019 dated 19-03-2022 in:re case crime no- 115 of 2021 under sections 147, 148, 171 च , 188, 269, 270,323, 332, 353, 427, 504 and 506 IPC and 7 CLA Act and 51 Disaster Act Police Station -Dhanepur District-Gonda pursuance to the Applicants, and also quash the entire proceeding in the above mentioned case pursuance to the applicants which has been passed by the court concerned without consider the material on record, contained as Annexure No- 1 and 2 to this application.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding in:re impugned summoning order dated 20-09-2024 passed by the Additional Chief Judicial Magistrate Court No-1 Gonda in case crime no- 115 of 2021 under section 147,148, 171 च , 188, 269, 270, 323, 332, 353, 427, 504, 506 IPC and 7CLA Act and 51 Disaster Act Police Station -Dhanepur District- Gonda and also set aside the Charge sheet bearing its No01/2019 dated 19-03-2022 in:re case crime no- 115 of 2021 under sections 147,148,171 च , 188, 269, 270, 323, 332,353, 427, 504, 506 IPC and 7 CLA Act and 51 Disaster Act Police Station -Dhanepur District- Gonda pursuance to the Applicants, in the interest of justice."

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The facts of the case are that an F.I.R. dated 20.04.2021 has been lodged against 41 named accused persons, including the applicant no.2 and few unknown

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persons. The police after investigation, has dropped the proceedings under Section 7 of the Apradhik Kanoon (Sansodhan) Adhiniyam,1932 and Section 7 of the Aapda Prabhandhan Adhiniyam, 2005 and filed the chargesheet under Sections 147,148,171 च , 188, 269, 270, 323, 332,353, 427, 504, 506 IPC. After filing of the chargesheet, the concerned court has taken cognizance and issued summons against the applicants, who are not named in the F.I.R. Feeling aggrieved by the same, the present application has been filed.

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Learned counsel for the applicants has submitted that the names of the applicants except applicant no.2 were added at the time of filing of charge-sheet on the basis of the alleged statement of some witnesses, who have subsequently given an affidavit that the police at no point of time had recorded their statements and how they have been shown as witnesses in the charge-sheet is not known to them. The said document is filed alongwith the present application .

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It is further submitted that the persons, who are named in the F.I.R., the statements of their family members were recorded during investigation and by taking names of some other persons, who were shown as unknown in the F.I.R., the family members of such persons named in the F.I.R. their names have been dropped by the police.

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It is further submitted that though the legal submission which has not been made in the present application that taking cognizance and issued summons under Section 188 IPC shows that the concerned Magistrate has without application of mind proceeded with the matter as Section 188 IPC is a non-cognizable offence and no

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F.I.R. can be lodged under Section 188 IPC and the Magistrate cannot take a cognizance .

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Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Two weeks' time thereafter is granted to learned counsel for the applicants to file rejoinder affidavit.

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List this case in the first week of July, 2025.

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Till the next date of listing, no coercive action shall be taken against the applicants.

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(Manish Kumar,J.)

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Order Date :- 25.4.2025 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Vali Mohd. and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Vali Mohd. and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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