Neutral Citation No. - 2025:AHC-LKO:5347 Court No. - 12 Case :- APPLICATION U/S 482 No. - 723 of 2025 Applicant :- Markandey Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. The present application has been filed for the following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash, proceedings in criminal case number 242/09 Pending before the Learned ACJM IInd Raebareli as well as the impugned Charge sheet number 273A/08 dated 20.1.09 U/S 409 IPC, arising out of case crime no 509/08 U/S 406/409 IPC P/S Gurubuxganj District Raebareli, as well as the cognizance taken on dated 10.2.09 (as mentioned in the chargesheet) at case number 242/09, pending in court of Learned Additional Chief Judicial Magistrate IInd Raibareli, in the interest of justice. Further the petitioner is praying for alternate prayer that this Hon'ble Court may kindly be pleased to allow the application for Discharge U/S 239 of Cr.P.C filed by the applicant/Petitioner on 20.9.16 which is pending till date without any fault of the petitioner in criminal case number 242/09 pending before the court of Learned Additional Chief Judicial Magistrate IInd Raibareli (Ann no 2)." Taking note of the fact that application preferred by the applicant seeking discharge is pending consideration before the competent court of jurisdiction since 2016, without entering into the merits of the case, the instant application is disposed of with a direction to the court concerned to decide the pending application preferred by the applicant seeking discharge, as per law, most expeditiously. It is in view of the fact the case relates to the year 2008 and applicant herein at present is aged about 75 years and pensionary benefits could not be provided to him on account of pendency of the instant case. Order Date :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench