WAEZ KHAN @ WAEZ ULLAH KHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3473/2025 · 2025-04-24
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135927 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135927 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23629 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3473 of 2025 Applicant :- Waez Khan @ Waez Ullah Khan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Hayan Hasan,Anurag Dixit Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Mohd. Hayan Hasan, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. In the proposed order notice to opposite party no. 2 is dispensed with.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 01.08.2023 as well as bailable warrant dated 29.09.2023, passed by the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow passed in Complaint Case No. 58211 of 2022 - Zohed Zia Vs. Waiz Khan, under Sections 323, 504, 506 IPC, Police Station - Kaiserbagh, District - Lucknow as well as the entire proceedings of the case mentioned above.
3. After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. In view of above, it is provided that applicants are permitted to move their discharge application(s) 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.
6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.
7. In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.
8. With above directions this application stands disposed of. Order Date :- 24.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench