KAVITA NAYAL JOSHI @ KAVITA NAYAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. SECTT. LKO. AND ANOTHER
A482/8104/2025 · 2025-09-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165039 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165039 (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. - 8104 of 2025
Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the final report filed under Section 173 of Cr.P.C. against the applicant under Sections 406, 420, 506, 467, 468, 471, 170 and 171 of IPC, registered as Criminal Case No. 98947 of 2021, arising out of FIR No. 0391 of 2021 and cognizance order dated 10.12.2021/03.01.2022 passed by learned Special Chief Judicial Magistrate (Custom), Lucknow. 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. He added that the criminal proceedings against the present applicant are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions 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. Versus Counsel for Applicant(s) : Madhukar Raman Yadav, Shagufta Counsel for Opposite Party(s): G.A. Kavita Nayal Joshi @ Kavita Nayal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Sectt. Lko. And Another .....Opposite Party(s)
After arguing at some 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 for 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. Learned AGA appearing for the State has no objection to the aforesaid submissions. 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 considered and decided within a further period of 60 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of.
September 24, 2025 kkv/ A482 No. 8104 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench