Neutral Citation No. - 2025:AHC-LKO:19515 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2866 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Alok Kr. Misra, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash the proceedings of Case No.19673 of 2024 (State Vs. Rakesh Kumar), under Rule-3 of Rule-58 and Rule-72 of U.P. Minor Minerals (Concession) Rules, 2021 and under Section 4(1A) and Section 21 of Mines and Minerals (Development and Regulations) Act, 1957 including the summoning order dated 25.04.2024, P.S. Paraspur, District Gonda. Learned counsel for the applicant submits that the applicant is not involved in committing the offence. He added that the proceedings against the present applicant is nothing but harassment of the applicant. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicant to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of two months, strictly in accordance with law. With the aforesaid observation, the application is disposed off. Order Date :- 7.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench