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2025 DAILYLAW 159140 (ALL)

BRIJMOHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

A482/8257/2024 · 2025-01-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3963 Court No. - 16 Case :- APPLICATION U/S 482 No. - 8257 of 2024 Applicant :- Brijmohan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A., Ajit Shukla, Omendra Sharma Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant as well as learned A.G.A. for the State. Mr. Ajit Shukla and Mr. Omendra Sharma, Advocate has jointly filed vakalatnama for respondents 2 and 3. 2.The present petition has been filed for quashing proceedings of complaint case No.1328 of 2024 Raghuvansh Pandey and another versus Brijmohan under sections 417/419/420 I.P.C., P.S. Kotwali Nagar, district Ayodhya, pending in the court of Addl. Civil Judge (J.D.), Second, Faizabad as also summoning order dated 7.6.2024. 3.Learned counsel for the applicant submits that in compliance of order dated 19.9.2024 passed by this Court, the applicant has deposited a sum of Rs.1 lac before this Court. The parties, i.e. the applicant and respondents 2 and 3 are present before this court, who have been identified by their respective counsel(s). 4.Mr. Raghuvansh Pandey, respondent No.2 has showed his unwillingness for referring this matter to Mediation Centre of this Court and he prays that the case may be heard on merit. 5.In view of the above, it is provided that the sum of Rs.1 lac deposited by the applicant shall be returned to him forthwith. 6.A perusal of the impugned order shows prima facie case against the revisionist. There appears to be no illegality in the impugned order. The money has been given through account payee cheque. 7.The petition is devoid of merit and is accordingly dismissed. 8.At this stage, learned counsel for the applicant submits that the applicant may be permitted to move an application for discharge through counsel and the same may be decided by the trial court in a time bound manner. 9.Accordingly, it is provided that in case the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter. In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant. Order Date :- 21.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench