MOHD. KALEEM KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5194/2025 · 2025-06-26
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147208 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36603 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5194 of 2025 Applicant :- Mohd. Kaleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd.Anas Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard Sri Mohd. Anas Siddiqui, learned counsel for the applicant, learned A.G.A. and perused material on record. The present application has been filed by the applicant with a prayer to quash the impugned charge sheet dated 12.03.2024 arising out of Case Crime No. 224/2023, Under Sections 406, 504 & 506 IPC, Police Station- Hanswar, District- Ambedkar Nagar as well as the impugned cognizance/summoning order dated 07.01.2025 passed by the learned Civil Judge (S.D.) F.T.C/ Additional Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 72/2025 [Computerized No. 326/2025]
"State of U.P. Versus Mohd. Kaleem Khan others" including entire proceedings thereof qua the applicant, as contained in Annexure No.1&2 to this application. It is submitted that in this case, he is innocent and has falsely been implicated. The applicant has been charge sheeted and summoning order has also been passed by the court concerned vide order dated 07.01.2025 without applying his judicial mind, therefore, requested to quash the proceedings of the case along with charge sheet. Learned A.G.A. opposed the prayer for quashing the charge sheet and summoning order. In this case, after investigation charge sheet has been filed and learned trial court has passed the order in question applying its judicial mind. The reliability of the statements of witnesses cannot be decided at this stage before this Court but it can only be done during trial. Applicants may have an option to move discharge before the court concerned at appropriate stage with his submissions. Hence this application being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case,
submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, there appears no ground to
grant any indulgence in favour of the applicant at this stage, as a result, prayer for quashing the entire proceedings of the case is hereby refused. Further, applicant may have an option to move an application for discharge through counsel before the learned trial court within a period of thirty days from the date of this order which shall be heard and decided in accordance with law on the basis of material on record. In the meantime, no coercive action shall be taken against the applicant and the NBW shall remain in abeyance. Accordingly, this application stands disposed of finally.
Order Date :- 26.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench