Ashok Kumar Alias Ashok Kumar Patel Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:123221

Court No. - 78

Case :- APPLICATION U/S 482 No. - 35695 of 2024

Applicant :- Ashok Kumar Alias Ashok Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Bharti,Panchraj Counsel for Opposite Party :- G.A.

¶5

Hon'ble Anish Kumar Gupta,J.

¶6

Heard Sri Mukesh Kumar Bharti alongwith Sri Panchraj, Advocate, learned counsels for the applicant and Sri Satyendra Nath Tiwari, learned AGA for the State.

¶7

The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the entire proceeding of Criminal Complaint No.872 of 2021(Shyam Sundar Vs. Ram Asrey and others), under sections 323, 504, 506, 427, 452, 380, IPC, Police Station Lalganj, District Mirzapur as well as impugned summoning order dated 11.06.2024, pending in the Court of Additional Civil Judge(Junior Division), Court No.6, Mirzapur, in the instant complaint case.

¶8

Learned counsel for the applicant submits that there is a property dispute between the parties in connection there with earlier also some cases were filed on behalf of both the parties against each other and subsequently the instant case has been filed by the opposite party no.2 falsely implicating the applicant herein. The case of the applicant is that he was a research scholar and was not present on the date of incident, at the place of incident and was present at the place of his study. Therefore, learned counsel for the applicant seeks quashing of the entire proceeding of the instant case against the applicant herein.

¶9

Per contra, learned AGA for the State submits that so far as the plea of alibi which has been taken by the applicant herein relying upon the attendance register i.e. required to be proved by cogent evidence before the trial court. The plea of alibi unless pleaded and proved before the trial court cannot be relied upon for quashing of the proceeding of the instant complaint case against the applicant herein. Therefore, learned AGA for the State further submits that since from the allegations as made in the complaint, a prima-facie case is made out against the applicant herein, therefore, no interference is called for in the instant case by this Court.

¶10

Having heard the rival submission so made by learned counsel for the parties and perusal of record shows that on 25.08.2021 the opposite party no.2 has filed a complaint case against the applicant herein, alleging therein that on 12.08.2021 at about 4.30 P.M. the applicant herein alongwith four other coaccused persons came to the house of the opposite party no.2 and started abusing with regard to the previous complaint lodged by the opposite party no.2. Thereafter they tried to assault the opposite party no.2, thereupon the opposite party no.2 run towards his house to save himself, thereafter, the accused persons fired with a country made pistol on him, however, he escaped. They again tried to assault by a country made pistol, then the opposite party no.2 entered in his house and tried to close the door of the house, then all the accused persons also forcibly entered in the house of opposite party no.2 and assaulted him with Lathi, Danda and fist and kicks and thereafter, the accused persons forcibly opened the Almirah and taken away Rs.50,000/- from there. On hearing the noise of opposite party no.2 the peoples gathered there, thereafter, the applicant and other accused persons run away from the place of incident. The opposite party no.2 reported the incident to the

¶11

police and his medical examination was got conducted, however, no report was registered, then the opposite party no.2 also made a complaint to the Senior Superintendent of Police, Mirzapur, however, when no action was taken, the instant complaint was filed by the opposite party no.2. The allegations as made in the complaint are duly supported by the statement of the complainant and the witness recorded under section 200 and 202 Cr.P.C. and also corroborated by the medical examination report of opposite party no.2. Therefore, a prima-facie case is made out against the applicant herein and the other co-accused persons, whereupon the trial court has summoned the applicant herein alongwith other co-accused persons vide order dated 11.06.2024 for the offence under sections 323, 504, 506, 427, 452, 380, IPC. Thus from the record as noted herein above apparently a prima-facie case is made out against the applicant herein. So far as the plea of alibi as being alleged by the applicant herein in the instant case, is required to be pleaded and proved before the trial court, which cannot be straightaway relied upon for quashing of the proceeding in exercise of the powers under section 482 Cr.P.C.

¶12

In view thereof, this Court do not find any merit in the instant case, accordingly the instant application is hereby dismissed .

¶13

Order Date :- 25.7.2025 VKG

¶14

(Anish Kumar Gupta,J.)

¶15

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Ashok Kumar Alias Ashok Kumar Patel v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashok Kumar Alias Ashok Kumar Patel v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases