Rakesh Kumar @ Guddu @ Rakesh Kumar Singh v. State of U.P. thru Secretary Home Deaprtment and another
A482/6939/2025 · 2025-08-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160546 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160546 (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. - 6939 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been filed with prayer to quash the entire proceedings of the case no. 5456 of 2021 arising out of case crime no. 0045 of 2020 under sections- 420 and 504 of IPC P.S. Harpalpur District- Hardoi alongwith summoning and cognizance order dated 02.07.2025. 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., 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. 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 Versus Counsel for Applicant(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Rakesh Kumar @ Guddu @ Rakesh Kumar Singh .....Applicant(s) State Of U.P. Thru Secretary Home Deaprtment And Another .....Opposite Party(s)
directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. 6. Learned AGA 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.
August 26, 2025 Mayank A482 No. 6939 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench