Deepak Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Deepak Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing was not granted; the application was disposed of, with the indication that the applicant may raise all legal and factual issues at the appropriate stage and that a permissible/maintainable discharge application, once preferred, will be decided in accordance with law with most expedition.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1446 of 2021 (arising out of case crime no. 306 of 2020; Sections 323, 325, 352, 427, 504 IPC; P.S. Nandganj, District Ghazipur), pending before the Chief Judicial Magistrate, Ghazipur, should be quashed through the instant Section 482 Cr.P.C. application. +2 more

Ratio / Principle

The contention raised by the applicant centres around factual issues which cannot be gone into in the present proceedings; once the appropriate stage arrives, it will be open to the applicant to raise all the legal and factual issues.

Key takeaways

In the absence of showing of any jurisdictional error committed by the court below, the Court is not in a position to subscribe to the contention of learned counsel for the applicant (i.e., the prayer to quash finds no favour at this stage).ratio¶¶12
Any application which is permissible and advisable under law (here, in the context of a discharge application) shall be decided in accordance with law with most expedition.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad H.C. (Vikas Budhwar, J.) | Application under Section 482 Cr.P.C. No. 4247 of 2025 by Deepak Yadav seeking quashing of the entire proceedings of Criminal Case No. 1446 of 2021 (arising out of case crime no. 306 of 2020; charges under Sections 323, 325, 352, 427, 504 IPC; P.S. Nandganj, District Ghazipur) pending before the Chief Judicial Magistrate, Ghazipur — disposed of on 13.2.2025. Held: (i) the applicant's grievance (assigned gun-shot role, simple injuries, alleged manipulation of the medical report by opposite party no. 2) centred on factual issues incapable of being adjudicated at the Section 482 stage, and in the absence of any jurisdictional error on the part of the court below the prayer to quash found no favour; (ii) once the appropriate stage arrived, it would be open to the applicant to raise all legal and factual issues; and (iii) any application permissible and advisable under law, including a discharge application, would be decided in accordance with law with most expedition.

Neutral Citation No. - 2025:AHC:21106

Court No. - 74

Case :- APPLICATION U/S 482 No. - 4247 of 2025

Applicant :- Deepak Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey,Navin Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Shri Navin Singh, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State-respondent.

This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No.1446 of 2021, arising out of case crime no.306 of 2020, under Sections 323, 325, 352, 427, 504 of IPC Police Station- Nandganj, District Ghazipur, pending before the court of learned Chief Judicial Magistrate, Ghazipur.

Learned counsel for the applicant submits that though in the first information report, the applicant has been marked as an accused along with four to five unknown persons but the role assigned to the applicant was gun-shot, however, the injuries so sustained are only simple in nature. He submits that the medical report has been manipulated by the opposite party no. 2.

Learned AGA on the other hand has argued that the issues which the applicant seeks to raise is a factual one which cannot be gone in the present facts of the case, particularly, in view of the fact that the trial has not yet commenced and this Court may not make any inquiry on the matter.

I have heard the learned counsel for the parties and perused the

record.

I am of the opinion of the court that since the contention raised by the applicant centers around factual issues which cannot be gone into the present proceedings and once the said stage comes then it will be open for the applicant to raise all the legal and factual issues. In absence of showing of any jurisdictional error committed by the court below and this court is not in a position to subscribe the contention of learned counsel for the applicant.

At this stage, learned counsel for the applicant submits that the applicant shall be permitted to prefer discharge application which may be decided strictly in accordance with law.

Learned AGA on the other hand submits that once a discharge application which is maintainable under law is preferred then the same shall be decided. In the opinion of the Court, once any application which is permissible and advisable under law then the same shall be decided in accordance with law with most expedition.

Accordingly, the present application stands disposed of.

Order Date :- 13.2.2025 A. Prajapati

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad