Arun Singh Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:103818

Court No. - 72

Case :- APPLICATION U/S 482 No. - 39918 of 2024 Applicant :- Arun Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned AGA for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.08.2021, whereby Learned Magistrate taken cognizance vide order dated 21.10.2021 in case No. 12189/2021 (State Versus Santosh Kumar Maurya) under sections 406, 419, 420, 467, 468,471, 1.P.C. Police station Pannuganj District Sonbhadra arising out of case crime No. 57/2021, pending before Chief Judicial Magistrate, Sonbhadra.

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Counsel for the applicants submitted that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. During investigation, no material evidence has been collected against the applicant. The contention of learned counsel for the applicant is that no offence against the applicant 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.The applicant is on bail.

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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. There is no illegality in the impugned cognizance/summoning order and instant 482 Cr.P.C. application is liable to be dismissed.

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

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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 applicant through this application is refused.

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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.

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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 four 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.

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Till then no coercive action shall be taken against the applicant in the aforesaid case.

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

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Order Date :- 3.7.2025 Meenu Singh

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

Arun Singh v. State of U.P. and Another

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