NEERAJ AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/6372/2025 · 2025-08-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155767 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46074 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6372 of 2025 Applicant :- Neeraj And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Mishra,Arun Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to set aside the order dated 27.4.2017 for framing the charges under Section 333 I.P.C. read with Section 149 I.P.C. (situated at Serial No.4 of frame the charges) against the applicant, passed by Session Judge, Unnao, in S.T. No.403 of 2016, State Vs. Rakesh Singh and others, arising out the Case Crime No.794 of 2008 registered at P.S. Bihar District Unnao.
Learned counsel for the applicants submits that the applicants are not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicants are nothing but harassment. On the other hand, learned A.G.A. 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 Court and that cannot be looked into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and, thus, the application is liable to be dismissed. 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. Learned AGA for the State has no objection to the aforesaid submission.
In view of aforesaid, the applicants are permitted to file an application for discharge before the court below within a period of seven days 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. With the aforesaid observation, the application is disposed off.
Order Date :- 7.8.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench