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2025 DAILYLAW 153710 (ALL)

LAXMI KANT AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/6084/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45293 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6084 of 2025 Applicant :- Laxmi Kant And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Lalendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant application has been filed with prayer to quash the entire criminal proceedings of Criminal Case No. 6973 of 2024 arising out of Case Crime No. 0130 of 2023 under sections 323, 504, 506 I.P.C. Police Station- Bheeti, District- Ambedkar Nagar impugned chargesheet dated 10.7.2023 filed by the Investigating Officer in case crime No. 0130/2023 and summoning order dated 19.12.2023. 3. Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicants is nothing but harassment. 4. On the other hand, learned counsel appearing 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. 5. 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 directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. 6. Learned AGA for the State has no objection to the aforesaid submission. 7. In view of aforesaid, the applicants is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law. 8. With the aforesaid observation, the application is disposed of. Order Date :- 5.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench