SMT. KANCHAN PATHAK AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER
A482/7784/2025 · 2025-09-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164237 (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. - 7784 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. The instant application has been filed with prayer to quash the Impugned Charge Sheet dated 17-04-2021, vide Case No. 70398/ 2022, arising out from Case Crime no. 516/2019, under section 323/504/506/447/336/325 I.P.C, P.S. Jankipuram, the impugned Cognizance Order dated 02-08-2022 and to stay the entire proceedings of the impugned chargesheet dated 17.04.2021 case no. 70398 of 2022. 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., 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. 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 Versus Counsel for Applicant(s) : Pranshu Agrawal, Chandan Srivastava Counsel for Opposite Party(s) : G.A. Smt. Kanchan Pathak And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s)
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 AGA 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 17, 2025 Mayank A482 No. 7784 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench