Court No. - 52

Case :- APPLICATION U/S 482 No. - 14421 of 2022

Applicant :- Shiva Singh @ Shivank Singh And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Arvind Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and

perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to

quash the summoning order dated 19.4.2022 as well as entire proceedings

of Case No. 472 of 2020, under Section 323, 452, 354 IPC, P.S. Kapsethi,

District Varanasi.

The contention of the learned counsel for the applicants is that no offence

against the applicants is disclosed and the present prosecution has been

instituted with malafide intentions for the purposes of harassment.

From the perusal of material on record and looking into the facts of the

case at this stage it cannot be said that no offence is made out against the

applicant. All the submissions made at the bar relates to the disputed

question of fact, which cannot be adjudicated upon by this Court under

Section 482 Cr.P.C. At this stage only prima facie case