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2025 DAILYLAW 158333 (ALL)

SANJEEV MISHRA v. THE STATE OF U.P. THRU. PRIN SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

A482/6779/2025 · 2025-08-22

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49519 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6779 of 2025 Applicant :- Sanjeev Mishra Opposite Party :- The State Of U.P. Thru. Prin Secy. Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Ashish Mishra,Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Sri Vaibhav Mishra, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicant, Sri Vaibhav Mishra, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the records. 3. Instant application has been filed with the prayer to quash the impugned order dated 27.06.2025 passed by the Ld. Civil Judge(J.D.)/F.T.C. Crime Against Woman, Lucknow in Crl. Case No. 126445 of 2024 arising out of case crime no. 24 of 2024 under sections- 498A, 406, 504 and 506 IPC P.S. Mahila Thana District-Lucknow including entire consequential proceedings. 4. It is argued by the learned counsel for the applicant that an order was passed on 07.03.2025 in an application under section 482 no. 2115 of 2025 for moving a discharge application through counsel, but he could not argue on the discharge application. He submits that he may be granted further opportunity as the learned trial court vide order dated 27.06.2025 has been directed him to appear and clarify that, is there any stay order passed by the Hon'ble High Court in respect with him? 5. On the other hand, the learned counsel for the opposite party no. 2 has opposed the contentions aforesaid and submits that after the order dated 07.03.2025, the applicant moved an application, but he is making delay and dallying tactics and did not appear before the trial court for pressing the discharge application. He further has drawn attention while placing a certified copy of the order passed by the coordinate division bench of this Court in Crl. Misc Writ Petition No. 4243 of 2024 that the applicant has also played the proceedings of the division bench as he had shown his willingness to make settlement with the informant and was ready to deposit Rs. 75,000/-, but, he did not turn up for the same. 6. The learned A.G.A. appearing for the State has also opposed the contentions of counsel for the applicant. 7. Considering the submissions of counsel of parties and after perusal of material on record, it transpires that on 07.03.2025, on an innocuous prayer made by counsel for the applicant, the applicant was granted liberty to move a discharge application through counsel within 15 days from the date of the order passed, but the time expired on 22.03.2025. The order of learned trial court dated 27.06.2025 is evident enough to show that the applicant was granted last opportunity as he was not appearing to press the discharge application and to clarify the position. 8. Since the fifteen days time was got over in the month of March and after about passing of four months, he has shown his unwillingness to pursue his discharge application and is trying to delay the proceedings of trial. 9. The conduct of the applicant as is shown by counsel for the opposite party no. 2 is deprecated. 10. In view of the aforesaid submissions of counsel for the parties, the applicant is directed to appear before the trial court along with his counsel to press the discharge application on 06.09.2025, as is told that the date is fixed by the trial court for hearing the discharge application, failing which, the trial court shall proceed in the matter and the benefit of the order dated 07.03.2025 shall not accrue to the applicant. 11. With the aforesaid observations, the instant application is disposed of. Order Date :- 22.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench