HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7781 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. In view of the order proposed to the passed, issuance of notice to opposite party no. 2 is hereby dispensed with. 3. The instant application has been filed with a prayer to quash the entire proceedings of Criminal Case No.3336/2024 (State of U.P. Vs. Vishal Singh), arising out of charge-sheet no.35/2020 dated 06.03.2020 filed in Case Crime/FIR No.0131/2019, under Section 60(1) of U.P. Excise Act lodged at Police Station Naseerabad, District Raebareli and to quash the cognizance/summoning order dated 01.03.2024 passed by the learned Additional Chief Judicial Magistrate-II, Raebareli. 4. 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., 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. 5. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submitted that there is no abuse of process of Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Vishal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) 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. 6. 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 applicant 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. 7. Learned AGA for the State has no objection to the aforesaid submission. 8. 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. 9. With the aforesaid observation, the application is disposed of. September 15, 2025 MVS/- A482 No. 7781 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench