MOHAMMAD AFTAB ALAM @ MOHD. AFTAB v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3422/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135585 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135585 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26094 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3422 of 2025 Applicant :- Mohammad Aftab Alam @ Mohd. Aftab Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd. Nafees,Pawan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned charge sheet dated 24.12.2022 arising out of Case Crime No.289/2022, Under Sections: 279, 304-A, 427 IPC, Police Station: Alambagh, District Lucknow as well as cognizance/summoning order dated 15.4.2023 passed by learned Judicial Magistrate-III, Lucknow in Criminal Case No.35430/2023 (State Versus Mohd. Aftab) including entire criminal proceeding initiated in pursuance thereof, as contained in Annexure No.1&2 respectively to this Petition. It is also prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding initiated in pursuance of the impugned charge sheet dated 24.12.2022 arising out of Case Crime No.289/2022, Under Sections: 279, 304-A, 427 IPC, Police Station: Alambagh, District Lucknow as well as cognizance/summoning order dated 15.4.2023 passed by learned Judicial Magistrate-III, Lucknow in Criminal Case No.35430/2023 (State Versus Mohd. Aftab) during pendency of the instant petition in the interest of justice."
3. After arguing at some length, learned counsel for the applicant has submitted that the present application may be disposed of with liberty to the applicant to move a discharge application before the court concerned and if any such application is moved, the same may be decided expeditiously.
4. As such, the present application under Section 482 Cr.P.C is disposed of with liberty to the applicant to move a discharge application before the court concerned. If any such application is preferred, the court concerned shall decide it expeditiously, in accordance with law, if there is no other legal impediment. Order Date :- 6.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench