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2025 DAILYLAW 144133 (ALL)

HARSH VISHWAKARMA v. STATE OF U.P. THRU. ADDL. SECY./PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS

A482/4930/2025 · 2025-06-17

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35668 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4930 of 2025 Applicant :- Harsh Vishwakarma Opposite Party :- State Of U.P. Thru. Addl. Secy./Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Applicant :- Sanjeev Kumar Gupta,Vikas Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant seeking following reliefs:- "To issue an order or direction quashing the impugned entire proceedings, which has been initiated due to F.I.R. No. 239/2023 under section 363, 366 1.P.C., registered at Police Station Banthra, District Lucknow on 20.07.2023, arising out of Charge Sheet dated 25.09.2023 and cognizance order dated 27.09.2023 by means of which it has been registered as a Criminal Case by the learned Special Chief Judicial Magistrate (Custom), Lucknow and has summoned the petitioners to face the trial, which is pending before the Learned Additional Disstrict judge & Additional Sessions Judge, First/Fast Track Court, District- Lucknow." 3. 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 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 applicant is permitted to move his discharge application(s) within four weeks from today and in case any such application(s) is/are 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 applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions, this application stands disposed of. Order Date :- 17.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench