MAHENDRA AND ANOTHER v. STATE OF U.P. THRU. PRIN.SECY.HOME DEPTT.AND ANOTHER
A482/6149/2023 · 2025-09-08
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145605 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6149 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash criminal proceedings in Case No.45903 of 2022 arising out of Crime No.0446 of 2022 under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act P.S. Tandiyawan, District Hardoi pending before the court of Additional Chief Judicial Magistrate, Hardoi.
Learned counsel for the applicants submits that the applicants are not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicants are nothing but harassment. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and, thus, the application is liable to be dismissed. After the argument at length, learned counsel for the applicants submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits that the court below may be Versus Counsel for Applicant(s) : Alok Kumar Mishra Counsel for Opposite Party(s) : G.A., Subhash Chandra Yadav Mahendra And Another .....Applicant(s) State Of U.P. Thru. Prin.Secy.Home Deptt.And Another .....Opposite Party(s)
directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicants are permitted to file an application for discharge before the court below within a period of seven days from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law. With the aforesaid observation, the application is disposed off. September 8, 2025 Ram Murti A482 No. 6149 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- SHREE PRAKASH SINGH High Court of Judicature at Allahabad, Lucknow Bench