Neutral Citation No. - 2025:AHC-LKO:48994 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6733 of 2025 Applicant :- Arun Tripathi Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Pravin 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 set-aside the impugned summoning order dated 24.08.2022, passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Case No.82793 of 2022, (State Vs. Ajeet Kumar Gupta and Ors.) and charge sheet dated 09.07.2022 arising out of Case Crime No.281 of 2022, under Sections 409, 420 I.P.C., Police Station- Gomti Nagar, District- 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 charge sheet 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 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 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 :- 21.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench