CHITRANSHU ALIAS CHITRANSHU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/6317/2025 · 2025-08-06
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155596 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155596 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45745 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6317 of 2025 Applicant :- Chitranshu Alias Chitranshu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant application has been filed with prayer to quash the summoning order dated 4.1.2022 passed in Case No.32780/2022 arising out of case crime no. 232/2019 under sections 279 and 304-A IPC at P.S. Sarojini Nagar, District Lucknow as well as charge sheet dated 10.12.2018 submitted by investigating officer in the aforesaid crime number and entire criminal proceeding in pursuant thereto.
3. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant 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 applicant 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 applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicant 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 applicant 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 :- 6.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench