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2025 DAILYLAW 160220 (ALL)

SHOEB KHAN @ MOHD. SHOEB v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHERE U.P. LKO. AND ANOTHER

A482/7208/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7208 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application has been filed under section 482 Cr.P.C./528 of the B.N.S.S., 2023 with the prayer to quash the summoning order dated 18.11.2024 passed by Special Judge E.C. Act/A.D.J. 4th Lucknow in Sessions Case No. 2638 of 2024, Crime No. 229 of 2023 under section 147/323/324/332/353/308 I.P.C. read with section 135 of Electricity Act 2003 related to police station Mandion Lucknow as well as also the charge sheet filed by the police in respect of petitioner. 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 chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. 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 Versus Counsel for Applicant(s) : Rajendra Prasad, Akhilesh Mishra Counsel for Opposite Party(s) : G.A. Shoeb Khan @ Mohd. Shoeb .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Anothere U.P. Lko. And Another .....Opposite Party(s) jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After arguing 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 applicant 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. Learned AGA for the State has no objection to the aforesaid submission. 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 considered and decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. September 1, 2025 AKS A482 No. 7208 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench