Order of the Hon'ble High Court in Criminal Application No. 2194 of 2025

In the High Court of Judicature at Allahabad, Court No. 34, in the matter of Application under Section 482 of the Code of Criminal Procedure No. 2194 of 2025, Rajesh Kumar versus State of Uttar Pradesh and Another, the Hon’ble Justice S. K. Mishra has heard learned counsel for the applicant as well as the learned A.G.A. for the State. The applicant has prayed for quashing of the entire proceedings of Case No. 612 of 2023 under Sections 420, 467, and 468 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Varanasi. It is submitted that the applicant has been falsely implicated due to personal enmity and that no prima facie case is made out against him. The learned A.G.A. has opposed the application and contended that the allegations disclose a cognizable offence and all material facts are subject to evidence during trial. Having considered the submissions and perused the record, the Court finds that disputed questions of fact cannot be adjudicated in proceedings under Section 482 Cr.P.C. The applicant has an alternative remedy before the trial court. Accordingly, the Court does not find any ground to interfere in the matter at this stage. The application is dismissed; however, it is provided that if the applicant surrenders before the court concerned within four weeks and applies for bail, the same shall be considered and decided expeditiously in accordance with law. The investigating officer shall proceed in accordance with the statutory provisions and conclude the investigation within a reasonable period. It is further directed that the trial court shall make all necessary efforts to ensure that the trial is conducted without unnecessary adjournments and that the witnesses are examined promptly. The registry is directed to transmit a copy of this order to the court below for compliance. Order Date: 3rd November, 2025. (S. K. Mishra, J.)