Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156079 (ALL)

RAVI PRATAP GUPTA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6404/2025 · 2025-08-07

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:46166 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6404 of 2025 Applicant :- Ravi Pratap Gupta And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Kumar Upadhyay,Praveen Kumar Tripathi 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. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "That for the fact, reasons and circumstances stated in the accompanying in the petition, duly supported with an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge- sheet bearing No. 02/24 dated 12.06.2024, as well as cognizance order dated 20.03.2025 under section 420, 323, 506, 452, 343, 386 of L.P.C., Police Station- Rajesultanpur District-Ambedkar Nagar submitted in Case crime No. 0079/2022, in Criminal Case No. 423/2025, State versus Pramod Kumar Yadav & Others, which are pending before the learned Civil Judge Senior Division/A.C.J.M., District-Ambedkar Nagar, contained as ANNEXTURE NO.1 & 2 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No. 423/2025, State versus Pramod Kumar Yadav & Others, which are pending before the learned Civil Judge Senior Division/A.C.J.M., District- Ambedkar Nagar, during, the pendency of the instant petition, in the interest of justice." 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 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. Order Date :- 7.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench