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2025 DAILYLAW 157558 (ALL)

RAHUL SEN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND ANOTHER

A482/6678/2025 · 2025-08-19

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48490 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6678 of 2025 Applicant :- Rahul Sen Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Divya Sonker,Anuradha Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri Abhishek Sonker, learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 24.12.2019 in Case No. 137 of 2018, chargesheet No. 370 of 2018, dated 02.12.2018, as well as (State of U.P. Vs. Rahul Sen under Section 153 A IPC and Section 67 of the Information Technology Amendment Ac,t 2008, Police Station Cantt, District Faizabad now Ayodhya, pending in the court of Additional Chief Judicial Magistrate (1), Faizabad now Ayodhya. 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. He added that the criminal proceedings against the applicant are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions 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. After arguing at some 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 applicants to appear before the court below and file an application for 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 appearing for the State has no objection to the aforesaid submissions. 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 considered and decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. Order Date :- 19.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench