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2025 DAILYLAW 131837 (ALL)

ABDUL HASEEB @ BHOORE v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

CRLA/1015/2025 · 2025-04-07

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19520 Court No. - 29 Case :- CRIMINAL APPEAL No. - 1015 of 2025 Appellant :- Abdul Haseeb @ Bhoore Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Vivek Pandey,Jagriti Bardhan Rao,Prakash Giri,Rohini Jaiswal Counsel for Respondent :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash criminal proceedings in Sessions Case No.78 of 2025 as well as chargesheet dated 16.03.2024 arising out of Crime No.11 of 2023, under Sections 427, 323, 504, 506, 327 I.P.C. and Section 3(2)(V) SC & ST Act, P.S. Nanpara, District Bahraich. 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 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