ARUN KUMAR PATHAK @ ARUN KUMAR BHARTI v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHERS
A482/2786/2025 · 2025-04-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131374 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131374 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19442 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2786 of 2025 Applicant :- Arun Kumar Pathak @ Arun Kumar Bharti Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Anothers Counsel for Applicant :- Alok Kr. Misra 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 order dated 17.2.2025 passed by learned Civil Judge (Senior Division)/FTC Naveen/ACJM Gonda in Criminal Misc. Case No.1020 of 2013 (Dr. Muni Prasad Pathak Vs. Arun Kumar Bharti & others) under Section 417 I.P.C.
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. 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