Neutral Citation No. - 2025:AHC-LKO:49390 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6778 of 2025 Applicant :- Kailash Sukariya Alias Kailash Sunkarya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Abhishek Kumar Singh,Shubhangi Singh 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 entire proceeding of the Case No.- 99316/2024 Crime No.- 098/2023 under sections-406,420,467,468,471,120B IPC read with 66(D) I.T. Act P.S- Cyber Crime District-Lucknow, the charge sheet no. 01 dated 09.10.2024 and also to quash the summoning & cognizance order dated 14.10.2024 passed by Special Chief Judicial Magistrate (Custom) Lucknow. 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 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 :- 22.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench