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2025 DAILYLAW 160619 (ALL)

SUSHIL KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7315/2025 · 2025-09-02

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7315 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 entire proceedings of Criminal Case No.108714 of 2023; State Versus Sushil and others, arising out of Case Crime No. 639 of 2019, under sections- 323, 504, 506 I.P.C., relating to the Police Station- Mohanlalganj, District- Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow as well as impugned chargesheet dated 30.11.2019, submitted by the Investigating Officer against the petitioners, in aforesaid Case Crime number, and impugned cognizance/summoning order dated 29.9.2023, passed by the learned Additional Chief Judicial Magistrate, Court No.27, Lucknow. 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. 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 could not be gone into at this stage, Versus Counsel for Applicant(s) : Ashish Yadav Counsel for Opposite Party(s) : G.A. Sushil Kumar And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 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. 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. With the aforesaid observation, the application is disposed of. . September 2, 2025 AKS A482 No. 7315 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench