HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7512 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. Instant application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) has been filed with the following relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, the humble applicant most respectfully prays from this Hon'ble Court to kindly quash the operation and implementation of the summoning order dated 06.06.2018 as well as Non Bailable Warrant (NBW) dated 29.05.2025 in Special S.T. No. 211/ 2028 (State vs Ankit Tiwari) U/S 147, 148, 323, 504, 506, 332, 353, 427, 307 IPC, read with 3(2)(v), 3(2)(v)A and 3(1)R S.C/ S.T (P.A) Act passed by the Court of Learned Special Judge S.C/S.T (P.A), Hardoi against the applicant, in the interest of justice." 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. (Now Section 180 of B.N.S.S., 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 Versus Counsel for Applicant(s) : Arpan Prakash Srivastava Counsel for Opposite Party(s) : G.A. Ankit Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. (Now Section 528 B.N.S.S.) 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 directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. 6. Learned A.G.A. 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 60 days, strictly in accordance with law. 8. With the aforesaid observation, the application is disposed of. September 9, 2025 Mohd. Sharif A482 No. 7512 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench