Disposed¶12

Prem Chandra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC25 Jun 2025A482/5096/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Application U/S 482 No. 5096 of 2025; Neutral Citation 2025:AHC-LKO:36335; Prem Chandra and 2 Others v. State of U.P.; quashing of criminal proceedings; summoning order dated 29.10.2015; N.B.W. dated 03.03.2025; Complaint Case No. 6254 of 2015 (Babita Vs. Prem Chandra); Sections 452, 323, 504, 506 I.P.C.; Police Station Gangaghat, District Unnao; cognizance; charge sheet; judicial mind; reliability of witnesses at trial; liberty to apply for discharge; Section 482 Cr.P.C.; Subhash Chandra Sharma, J.; decided 25.6.2025.

What did the court decide?

During investigation sufficient evidence was collected by the I.O. and charge sheet was submitted. ¶10

Prem Chandra and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:36335

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5096 of 2025

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Applicant :- Prem Chandra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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The present application u/s 482 Cr.P.C. has been moved with prayer to quash the entire proceedings including the N.B.W. dated 03.03.2025 and set aside the summoning order dated 29.10.2015 in Complaint Case No. 6254 of 2015 (Babita Vs. Prem Chandra and Others) under Sections 452, 323, 504, 506 I.P.C., Police Station Gangaghat, District Unnao.

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It is submitted that in this case applicants are innocent and have falsely been implicated. The statements recorded by I.O. are false and frivolous and are not reliable even though learned Magistrate took cognizance of offence illegally without applying his judicial mind. Therefore, requested to quash the proceedings of criminal case as well as charge-sheet and order of taking cognizance.

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Learned A.G.A. opposed the prayer for quashing the same and urged that in this case there is sufficient evidence against the applicants on the basis of which cognizance has been taken. At this stage, the statements of the witnesses cannot be said to be false but this can only be decided during the course of trial. Further contended that applicants may have an option to move application for discharge before the learned court concerned at appropriate stage. Therefore, there is no illegality in the order in question but this application being devoid of merit is liable to be dismissed.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, it appears that during investigation sufficient evidence was collected by the I.O. and charge sheet was submitted. On the basis of material on record learned court concerned took cognizance of the offences by applying its

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judicial mind. There is no illegality and impropriety in the impugned order. The reliability of statement of witnesses can only be tested during trial but not at this stage before this Court. Further applicants may have an option to move an application for discharge before the court concerned with their submissions and the same shall be decided by it, in accordance with law. Hence, there appears no any other ground for granting indulgence in favour of the applicants.

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Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.

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Order Date :- 25.6.2025 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Prem Chandra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Prem Chandra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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