HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7842 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. The instant application has been filed with a prayer to quash the charge- sheet no.1 dated 05.05.2024 and to quash the entire proceeding of Criminal Case No.45891/2024 (State Vs. Abhinav & others), arising out of F.I.R. No.0090/2024, under Sections 302/201/34 IPC lodged at Police Station Ghazipur, District Lucknow, so far as the applicant is concerned. 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., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceeding 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 submitted that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be go 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 applicant submits that the charge has not yet been framed against the applicant and interest of justice would be sub-served, if this Court directs the court below to permit Versus Counsel for Applicant(s) : Anubhav Awasthi, Piyush Tripathi, Prashant Mishra Counsel for Opposite Party(s) : G.A. Abhinav Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. 6. Learned AGA 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 trial court, if the charge has not been framed against him, 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. (Shree Prakash Singh,J.) September 18, 2025 MVS/- A482 No. 7842 of 2025 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench