SYED MOHD. AFZAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/9691/2024 · 2026-03-13
Pankaj Bhatia
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2024:AHC-LKO:74201 Court No. - 13 Case :- APPLICATION U/S 482 No. - 9691 of 2024 Applicant :- Syed Mohd. Afzal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sabih Ahmed,Chandra Prakash,Surya Prakash Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Sri Umair Ahmad Khan, Advocate as well as Sri Abdullah Ramzi Khan on behalf of opposite party no.2 is taken on record.
2. Heard.
3. The instant application has been filed by the applicants with prayer to quash the impugned charge-sheet no.01 of 2022 dated 24.05.2022 arising out of Case Crime No. 0520 of 2020 under Sections 498-A, 323, 504, 506, 465 of Indian Penal Code and 3/4 of Dowry Prohibition Act, Police Station- Para, District- Lucknow, which has been filed before learned Additional Judicial Magistrate-VI, Lucknow; for quashing of entire criminal proceeding of Criminal Case No.431/2022 (State Versus Syed Mohd. Afzal & another) including cognizance and summoning order dated 06.08.2022 registered against petitioners on the basis aforesaid impugned charge sheet, now transferred and pending before learned Additional Judicial Magistrate-VI, Lucknow; to stay the proceeding of Criminal Case No.81197/2022 (State Versus Syed Mohd. Afzal & another) pending before learned Additional Judicial Magistrate- VI, Lucknow.
4. Learned counsel for the applicants submits that the applicant was dragged in the prosecution in question. As a result, investigation was conducted and the documents as well as evidence provided by the applicant were not considered properly by Investigating Officer. He further submits that earlier a petition was filed challenging the charge-sheet, which was
disposed of with liberty to file discharge application at the appropriate stage. In this connection, discharge application was filed, which was rejected in the most mechanical manner on 22.08.2024 and then a revision was filed, which was also dismissed by the revisional Court on 01.10.2024, hence, the
present application is filed. It is also submitted that learned trial Court failed to consider the
facts, which were mentioned in the discharge application, thus, indulgence of this Court is required.
5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the applicants. They jointly submit that approach of the applicants is the most casual and no order, as dismissed by which the discharge application of the applicants was dismissed by learned trial Court, is annexed with the present application.
6. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant enclosures, it is evident that neither the discharge application nor the order passed on the said application is annexed with the present application.
7. Accordingly, the application is misconceived and the same stands dismissed.
Order Date :- 11.11.2024 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench