SUMIT SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/6736/2025 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154418 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154418 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48510 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6736 of 2025 Applicant :- Sumit Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Girish Kumar Pandey,Neeraj Kumar Mishra 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, as well as Sri Chandra Bhan, Advocate, who has put in appearance and filed his vakalatnama on behalf of opposite party no. 2 and perused the record.
2. The instant application has been filed with a prayer to quash the entire proceedings of the Criminal Case No.10009/2024 (State Vs. Makar Singh alias Akshay Singh alias Bhanwan Singh and others, arising out of Case Crime No.0322 of 2022, under Sections 147, 148, 149, 326, 504, 506 and 34 IPC lodged at Police Station Machhrehta, District Sitapur, pending in the Court of learned Judicial Magistrate IInd, Sitapur, to quash the summoning order dated 18.03.2024 passed in the aforesaid case and to quash the charge-sheet dated 11.11.2023.
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 submitted 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 are 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. . [Shree Prakash Singh,J.]
Order Date :- 19.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench