Neutral Citation No. - 2025:AHC-LKO:49362 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6773 of 2025 Applicant :- Sakib Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) has been filed with the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash /set aside the impugned summoning order dated 11.01.2024 passed by Civil Judge (SD) FTC-II, District Pratapgarh arising out Case Crime No. 221/2023 U/s 147, 307, 323, 504, 506 IPC Police Station-Jethwara, District- Pratapgarh (State Vs. Khursheed Alam & Others), which is contained as annexure no.1, to this petition, in the interest of justice. It is further prayed to that this Hon'ble Court may kindly be pleased to stay the operation and implementation of the impugned summoning order dated 11.01.2024 passed by Civil Judge (SD) FTC-II, District Pratapgarh arising out Case Crime No. 221/2023 U/s 147, 307, 323, 504, 506 IPC Police Station Jethwara, District- Pratapgarh (State Vs. Khursheed Alam & Others) which is contained as annexure no.1, to this petition, in the interest of justice." 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. (Now Section 180 of B.N.S.S., 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. (Now Section 528 B.N.S.S.) 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 A.G.A. 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 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench