BASHIR AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND ANOTHER
A482/2774/2025 · 2025-04-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131338 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19510 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2774 of 2025 Applicant :- Bashir Ahmad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Another Counsel for Applicant :- Anil Kumar Yadav,Devansh Singh Chauhan,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash the impugned summoning order dated 30.7.2024 passed by learned Additional Chief Judicial Magistrate Court No.25, Barabanki in Complaint Case No.1562 of 2023 (Meraj Ali Vs. Basir Ahmad Ali) as well as to quash the impugned orders dated 16.1.2025 & 18.2.2025 in lieu of which bailable warrants (Rs.10,000) have been issued against the applicant in Complaint Case No.1562 of 2023 (Meraj Ali Vs. Basir Ahmad Ali) under Sections 323, 504, 506 I.P.C., pending in the court of the learned Additional Chief Judicial Magistrate, Court No.25, Barabanki, in the interest of justice.
Learned counsel for the applicant submits that the applicant is not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicant is nothing but harassment. 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 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. It is further provided that bailable warrant issued, if any, shall be kept in abeyance and liberty is given to the trial court that if further bailable warrant is required, the same may be issued. With the aforesaid observation, the application is disposed off.
Order Date :- 7.4.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench