Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103463 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 13773 of 2024 Petitioner :- Ram Gopal Respondent :- State of U.P. and Another Counsel for Petitioner :- Gaurang Kulshreshtha,Prem Sagar Verma Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to set-aside the impugned order dated 13.02.2024 passed by Additional Sessions Judge, Court No. 2 Bulandshahar and also the summoning order dated 02.01.2021 passed by the Chief Judicial Magistrate, Court No. 1, Bulandshahar and further prayed to set aside the entire proceeding of Complaint Case No. 2807 of 2020 (Dinesh Singh Chaudhary Vs. Smt. Shashi Kanta & others) under sections 420, 467, 468, 471, 120B IPC, P.S. Jahangirabad, District Bulandshahar pending in the court of Chief Judicial Magistrate, Court No. 1, Bulandshahar and directing the respondent no. 2 to forthwith ensure payment of damages (to be quantified by this Hon'ble Court), to the petitioner for his mal prosecution by him. It has been submitted of the learned counsel for the petitioner that on the date of incident, the petitioner had retired from the job and he had no role to play in the instant matter. From the perusal of the 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 petitioner. Accordingly, prayer of the petitioner is refused. However, in view of the submissions, it is provided that in case the petitioner moves application for discharge through counsel within 30 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case. With the aforesaid direction, this petition is disposed of.
Order Date :- 3.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad