Hemant Mishra v. State of U.P. and Another

Allahabad HC8 May 2025A482/42420/2024

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What is this about?

Section 482 Cr.P.C. quashing application dismissed; no High Court interference after framing of charge; belated-stage application; no illegality or abuse of process in cognizance and summoning; charge sheet dated 06.06.2015 and cognizance order dated 23.05.2017 upheld; Case Crime No. 794 of 2014, Sections 420, 406, 506 IPC, Police Station Quarsi, District Aligarh; Case No. 9979 of 2017 (State Vs. Hemant Mishra) before CJM Aligarh; applicant Hemant Mishra; Allahabad High Court, 2025.

What did the court decide?

After framing of charge by the trial court, the High Court will not interfere in trial proceedings; the application under Section 482 Cr.P.C. having been filed at a belated stage, the trial court has to examine the witnesses. ¶para 5

Hemant Mishra Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:75434

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Court No. - 84 Case :- APPLICATION U/S 482 No. - 42420 of 2024 Applicant :- Hemant Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamla Singh,Pankaj Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. 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 06.06.2015; cognizance order dated 23.05.2017 as well as entire proceedings of Case No. 9979 of 2017 (State Vs. Hemant Mishra) arising out of Case Crime No.794 of 2014, Under Sections 420, 406, 506 I.P.C., Police Station Quarsi, District Aligarh, pending before the learned Chief Judicial Magistrate, Aligarh, District Aligarh.

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Counsel for the applicant submits that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances.

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Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that from the record, it is apparent that charges have been framed against the applicant and the court is examining the witnesses. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.

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Considered the argument raised by counsel for the applicant. From the record, it is apparent that charges have been framed and this application has been filed to quash the cognizance and summoning order. After framing of charge by the trial court, this Court is not going to interfere in trial proceedings. This application has been filed at a belated stage. The trial court has to examine the witnesses. Moreover, this Court does not find any illegality or abuse of process of the court while taking cognizance and summoning the applicants.

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The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

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Order Date :- 9.5.2025/Meenu Singh

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

Hemant Mishra v. State of U.P. and Another

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Hemant Mishra v. State of U.P. and Another

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