RAM ASHISH AND 2 OTHERS v. STATE OF U.P. THRU. HOME SECY. LKO AND ANOTHER
NA528/587/2025 · 2025-06-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145922 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145922 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36653
Court No. - 9 Case :- APPLICATION U/S 528 BNSS No. - 587 of 2025 Applicant :- Ram Ashish And 2 Others Opposite Party :- State Of U.P. Thru. Home Secy. Lko And Another Counsel for Applicant :- Sanjeev Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard.
2. Present application has been filed seeking quashment of summoning order dated 18.04.2025 passed in Criminal Case No.2460 of 2025, under Section 323, 504, 379 IPC.
3. Contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Learned Counsel pointed out certain documents and statements in support of his contention.
4. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
5. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
6. However, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of two months.
7. No coercive action shall be taken against the applicants for the next 15 days from today which benefit shall extend for further two months or disposal of the discharge application only if the applicants move the said application within 15 days from today.
8. In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically come to an end.
9. With the aforesaid directions, this petition is disposed off. Order Date :- 27.6.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench