HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7534 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, 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:- "1. Issue an order or direction for quashing the order of cognizance dated 18.10.2021(Annexure no. 01) passed by the Hon'ble Court of Additional Chief Judicial Magistrate, (Fifth), Lucknow as well as the chargesheet no. I dated 01.07.2020 (Annexure no.02.) filed by the Investigating Officer concern in the pursuance of Case Crime No. 315, under section 406, 420, 504, 506, 323 I.P.C. related to Police Station Wazirganj, District Lucknow, in interest of justice. 2. Issue an order or direction for quashing the entire proceedings of Case Crime No. 315/2019, under section 406, 420, 504, 506, 323 of 1.P.C. related to Police Station Wajirganj, District Lucknow, presently pending before the Hon'ble Court of Additional Chief Judicial Magistrate (Fifth), Lucknow, so far as it relates to the present applicants, during pendency of this Application." 3. 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. (Now Section 180 of Versus Counsel for Applicant(s) : Raman Awasthi, Vaibhav Shukla Counsel for Opposite Party(s) : G.A. Promod Kumar And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another .....Opposite Party(s) B.N.S.S., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicants 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. (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 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. 6. Learned A.G.A. for the State has no objection to the aforesaid submission. 7. 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 60 days, strictly in accordance with law. 8. With the aforesaid observation, the application is disposed of. September 9, 2025 Mohd. Sharif A482 No. 7534 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench