ABHISHEK KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/3748/2025 · 2025-05-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137704 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28813 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3748 of 2025 Applicant :- Abhishek Kumar Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case no. 8490/2023, Charge Sheet No. 217/2023 dated 26.03.2023, as well as summoning
order dated 17.04.2023 under Section 420, 409, 467, 468, 471, 34 IPC, Police Station Kotwali Nagar, District Barabanki (State Vs. Abhishek Upadhyay and Others) which is pending before the learned Chief Judicial Magistrate, Court No. 18, Barabanki, contained as Annexure No. 1 and 2, in the interest of justice."
3. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that liberty may be given to the applicant to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned A.G.A. has no objection to the prayer made by
learned counsel for the applicant.
5. In view of above, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment.
Order Date :- 15.5.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench