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2025 DAILYLAW 132809 (ALL)

ANAND KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS LKO. AND ANOTHER

A482/3067/2025 · 2025-04-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21209 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3067 of 2025 Applicant :- Anand Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. And Another Counsel for Applicant :- Shobhit Kant,Narendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. In the light of proposed order notice to opposite party no. 2 is dispensed with. 3. This application under Section 482 Cr.P.C. (now 528 of BNSS) has been filed by the applicant for quashing the summoning order dated 25.11.2024, passed by the Additional Civil Judge (Senior Division) - IV/Additional Chief Judicial Magistrate, Ayodhya passed in Criminal Complaint Case No. 1394 of 2024 - Rajendra Yadav Vs. Shailu Srivastava and Another, summoning the applicant under Section 406 IPC, Police Station - Kotwali City, District - Ayodhya, as well as the entire proceedings of the case mentioned above. 4. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 5. Learned A.G.A. has no objection in grant of aforesaid prayer. 6. In view of above, it is provided that applicant is permitted to move his discharge application through counsel within four weeks' from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 7. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 8. In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order. 9. With above directions this application stands disposed of. Order Date :- 11.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench