SARASWATI PRATAP ALIAS SARASWATI PRATAP TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/764/2025 · 2025-01-28
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120270 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5373 Court No. - 30 Case :- APPLICATION U/S 482 No. - 764 of 2025 Applicant :- Saraswati Pratap Alias Saraswati Pratap Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
2. The instant Application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been moved by the applicants with a prayer to quash the proceedings of Complaint Case No.987/2022 under Section 427, 504 I.P.C., Police Station-Isanagar, District-Lakhimpur Kheri and also to quash the summoning order dated 02.01.2023 passed by learned Additional Judicial Magistrate, Court No.8 Lakhimpur Kheri against the applicants in Complaint Case No.987/2022 under Section 427 and 504 I.P.C, Police Station-Isanagar, District- Lakhimpur Kheri.
3. After arguing for sometime, learned counsel for the applicants submits that he does not want to press this application with liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner.
4. Accordingly, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned court within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court.
5. With the aforesaid directions, this application is finally
disposed of. [Om Prakash Shukla, J.]
Order Date :- 28.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench