ABHISHEK KUMAR VERMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6887/2025 · 2025-08-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158893 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6887 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the pleased cognizance/summoning
order dated 11.03.2025 passed by Learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ambedkar Nagar criminal Case No. 2123/2025 "State Vs. Raj Kumar and others", as well as to quash the Charge sheet No.1 dated 15.06.2024 allegedly filed against the applicants under section 323, 504, 506, 342, 427, 365 I.P.C. in respect of Case Crime No.0082 of 2024 lodged at Police Station Aliganj, District - Ambedkar Nagar.
Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants 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 applicants are nothing but harassment. He also submits that the applicants have already been enlarged on bail. 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 before this Court and that Versus Counsel for Applicant(s) : Hari Om Singh Counsel for Opposite Party(s) : G.A. Abhishek Kumar Verma And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 the argument at length, learned counsel for the applicants submits that interest of justice would be sub-served, if this Court directs the learned trial court to permit the applicants to appear before the trial court 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. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicants are 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. pro With the aforesaid observation, the application is disposed of. August 25, 2025 AKS A482 No. 6887 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench