JAY PRAKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/571/2025 · 2025-06-16
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145976 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145976 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35681 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 571 of 2025 Applicant :- Jay Prakash Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay 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 for quashing the charge sheet no. A-1 dated 01.3.2025 submitted by the Investigating Officer in case crime no.0029/2025, under Section 420, 406, 506, 504 IPC, P.S. Mankapur, District - Gonda as well as summoning order dated 12.03.2025 passed by First Additional Chief Judicial Magistrate, Gonda in Criminal Case No.12021/2025 "State versus Jai Prakash Singh" by means of which he has summoned the petitioner under Section 420, 406, 506, 504 IPC for facing trial without any cogent evidence against the petitioner, which is contained as Annexure No.1 & 2 to this petition. Further prayer has been made that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No,.12021/2025 "State versus Jai Prakash Singh" arising out of case crime no.0029/2025, under section 420, 406, 506, 504, IPC, police station - Mankapur, District Gonda, during pendency of this petition. 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 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 applicant is permitted to move his discharge application 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 applicant in the aforesaid case. 7.
In case of failure on the part of applicant in moving the discharge application 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 :- 16.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench