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2025 DAILYLAW 126982 (ALL)

SANJEEV MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

A482/2115/2025 · 2025-03-07

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14002 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2115 of 2025 Applicant :- Sanjeev Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Ashish Mishra,Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Power filed today by Shri Vaibhav Mishra, Advocate on behalf of opposite party No.2 is taken on record. 2. Heard Shri Ashsish Mishra, learned counsel for the applicant, Shri Vaibhav Mishra, learned Counsel for the opposite party No.2 and learned A.G.A. for the State and perused the record.. 3. The present application under Section 482 Cr.P.C.(Now Section 528 of B.N.S.S., 2023), has been filed by the applicant Sanjeev Mishra for quashing of the impugned charge sheet dated 26.06.2024 arising out of Case Crime No.24/2024 under Section 498A, 504, 506 I.P. C. and Section 3/4 of Dowry Prohibition Act, 1961 pertaining to Police Station-Mahila Thana, District-Lucknow as well as the impugned summoning/cognizance order dated 25.10.2024 passed by learned Additional Chief Judicial Magistrate-I, Court No.17 Lucknow in Criminal Case No.126445/2024 (State vs. Sanjeev Mishra & Others) including the entire proceedings thereof qua the applicant. 4. After arguing at some length, learned counsel for the applicant submits that he does not want to press this application on merits 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. 5. Learned A.G.A. for the State as well as learned Counsel for the opposite party No.2 has no objection to the prayer made by learned Counsel for the applicant, however, they submit that this Court may fix some time to file a discharge application before the trial court concerned as the applicant may try to linger on the trial proceedings. 6. Accordingly, it is provided that in case, the applicant move an appropriate application for discharge through counsel before the concerned trial 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. 7. With the aforesaid directions, this application is finally disposed of. (Om Prakash Shukla, J.) Order Date :- 7.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench