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2025 DAILYLAW 157927 (ALL)

AVINASH KUMAR ALIAS AVINASH CHAURASIA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6677/2025 · 2025-08-19

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48497 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6677 of 2025 Applicant :- Avinash Kumar Alias Avinash Chaurasia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Desh Mitra Anand,Arvind Kumar,Prateek Rawat,Utkarsh Anand Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard 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 entire criminal proceedings including the order of cognizance dated 07.04.2025 passed in CNR No. UPLKO40377462025; State Vs. Avinash Chaurasia as well as chargesheet dated 02.03.2021 filed in respect of FIR No. 155 of 2020, under Sections 406, 506 IPC, Police Station Vibhuti Khand, District Lucknow. 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