MOHD. KHALID v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/1597/2025 · 2025-02-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10746 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1597 of 2025 Applicant :- Mohd. Khalid Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Vinay Misra, Advocate on behalf of respondent no.2 is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for respondent no.2. The present petition has been filed for quashing of the proceedings of Complaint Case No.106 of 2018, Makbool Hasan vs. Muneer Ahmad, under section 467, 471 IPC, Police Station Kotwali Nagar, District Pratapgarh, pending in the court of learned Chief Judicial Magistrate, Pratapgarh. On due consideration to the submission advanced, perusal of the statement of the complainant under section 200 CrPC as well as the witnesses under section 202 CrPC, prima facie commission of offence is made out. No interference is warranted in the present case. At this stage, learned counsel for the applicant submits that the applicant may be permitted to move an application for discharge through counsel and the same may be decided by the trial court in a time bound manner. Accordingly, it is provided that in case the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and
disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter. In case, no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant. With the aforesaid directions, this petition is finally disposed of.
Order Date :- 19.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench