ARVIND KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/7217/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160992 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160992 (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. - 7217 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 material placed on record. 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 impugned charge sheet dated 26.02.2024, crime no-0022/2024, u/s 323, 504, 506, 427 I.P.C. Police station-Lambhuaa, District-Sultanpur as well as impugned summoning order dated 25.09.2024 passed by learned Chief Judicial Magistrate, Sultanpur in case State versus Arvind Kumar Pandey and others arising out of crime no-0022/2024, u/s 323, 504, 506, 427 1.P.C. Police station-Lambhuaa District-Sultanpur and entire proceeding of the aforesaid criminal case. It is submitted by the learned counsel for the applicant that the applicant is a government employee and he was never involved in committing any offence. He added that the instant matter is arising out of a civil dispute and in anonymity, the first information report has been lodged and a false allegation has been levelled against the applicant for assault. He next added that the applicant is always ready to cooperate with the trial proceedings. After the aforesaid arguments, learned counsel for the applicant submits that the applicant may be given liberty to move a discharge Versus Counsel for Applicant(s) : Shiv Shankar Singh, Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Arvind Kumar Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
application and the learned trial court may be directed to consider and decide the same within a stipulated period of time, as may be fixed by this court. Learned counsel for the State has no objection to the contentions aforesaid. Considering the aforesaid facts and circumstances, particularly, two sets of arguments(1) that the applicant is a government employee and he will not abscond from any proceeding and further the matter is initially of a civil dispute, which has been given colour of criminality, the applicant is given liberty to move a discharge application before the learned trial court within period of 7 days and if such an application is moved, the same shall be considered and decided by the learned trial court within further period of 30 days. For the aforesaid period only, the applicant shall not be arrested. With the aforesaid observations, the instant application is disposed of.
September 1, 2025 AKS A482 No. 7217 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench