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2025 DAILYLAW 164175 (ALL)

JAG PRASAD PANDEY v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/7831/2025 · 2025-09-22

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7831 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:- "(i) Quash the entire proceeding of the Criminal case bearing no. 8170 of 2024 (State versus Jag Prasad Pandey) arising out in Case Crime No. 730/2023 U/s- 406, 506, 420 IPC, Police Station Kotwali Nagar, District- Faizabad now Ayodhya, pending before C.J.M. Faizabad now Ayodhya, as well as impugned charge sheet bearing no. 01 dated 26.12.2023 and impugned order dated 22.07.2024 by which the Cognizance taken by Concern Magistrate and issued summon, in the interest of Justice, as contained in Annexure No.1 and 2 of this Petition. (ii) Stay the entire proceeding of the Criminal case bearing no. 8170 of 2024 (State versus Jag Prasad Pandey) arising out in Case Crime No. 730/2023 U/s- 406, 506, 420 IPC, Police Station- Kotwali Nagar, District Faizabad now Ayodhya, pending before C.J.M. Faizabad now Ayodhya." 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 Versus Counsel for Applicant(s) : Ashutosh Misra, Rinki Devi Counsel for Opposite Party(s) : G.A. Jag Prasad Pandey .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) 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 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 22, 2025 Mohd. Sharif A482 No. 7831 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench