SURESH CHANDRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/2845/2025 · 2025-04-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131265 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21007 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2845 of 2025 Applicant :- Suresh Chandra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard. 2. Sri Deo Raj Singh, Advocate has filed Vakalatnama on behalf of Respondent No.3 is taken on record. 3. The present application under Section 482 Cr.P.C. has been preferred with the following prayers:
"To quash the entire criminal proceedings U/S 145 Cr.P.C. arise out of Police Report dated 14-07-2023 submitted by Police Station - Mohammad Pur Khala -District Barabanki and is registered as Case No- 61/2023 Computerized Case No- 202304120304292 titled as "State of U.P. Vs Suresh Chandra & another pending before Sub Divisional Magistrate Tehsil Fatehpur District Barabanki, annexed with this petition as Annexure No-1. ii. To quash the Preliminary Order U/S 145(1) Cr.P.C. dated 27-7-2023 opposite party no-2 in Case No- 61/2023 Computerized Case No-202304120304292 titled as "State of U.P. Vs Suresh Chandra & another annexed with this petition as Annexure no-2. iii. To quash the subsequent police report dated 31-3-2024 enforcing for further proceeding U/S 146 Cr.P.C. in Case No- 61/2023 Computerized Case No- 202304120304292 titled as
"State of U.P. Vs Suresh Chandra & another annexed with this petition as Annexure no-2. iv. To issue a order or direction in nature and commanding the Sub Divisional Magistrate Fatehpur - Barabanki (O.P. No-1) to decide the application dated 13-1-2025 (Annexure No-4) and drop the impugned criminal proceeding forthwith."
4. Learned A.G.A. has raised a preliminary objection regarding
maintainability of the present applicant and submitted that the proceeding of the case under Section 145 Cr.P.C. is pending before the Sub-Judicial Magistrate wherein a notice was issued to the applicant to submit his reply and the applicant has submitted his reply and no adverse order has been passed till date against the applicant and unnecessarily applicant has approached this Court by filing a pre-matured application under Section 482 Cr.P.C., hence it is liable to be dismissed. 5. As this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present applicant under Section 482 Cr.P.C. as dismissed as not pressed.
It is further prayed that this Court may direct the Sub-Divisional Magistrate to take decision on the application dated 13.01.2025 for staying the proceedings under Section 145 Cr.P.C. within stipulated time as this Court may fix. 6. In view of above, the present application under Section 482 Cr.P.C. is dismissed. 7. It is expected that the Sub-Judicial Magistrate shall make endavour to decide the application preferred by the application as mentioned above, expeditiously after hearing all the parties concerned in accordance with law. Order Date :- 15.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench