ANKUR GUPTA v. STATE OF U.P. THRU. SECY. HOME LKO AND ANOTHER
A482/7235/2025 · 2025-09-03
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 161219 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161219 (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. - 7235 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 360 of 2023, dated 07.10.2023, in Sessions Trial No. 392 of 2025, arising out of Case Crime No. 193 of 2023, under Sections 306, 406, 420, 506 IPC, Police Station Maigalganj, District Lakhimpur Kheri and summoning order dated 30.10.2023 passed by learned ACJM-4th, Lakhimpur Kheri. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statements recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated. He added that the criminal proceedings against the applicant are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions 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, invoking the jurisdiction under Section 482 Cr.P.C. and thus, the application is liable to be dismissed. After arguing at some length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court Versus Counsel for Applicant(s) : Askari Husain Counsel for Opposite Party(s) : G.A. Ankur Gupta .....Applicant(s) State Of U.P. Thru. Secy. Home Lko And Another .....Opposite Party(s)
directs the court below to permit the applicant to appear before the court below and file an application for 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 appearing for the State has no objection to the aforesaid submissions. 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 3, 2025 kkv/ A482 No. 7235 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench