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2025 DAILYLAW 165299 (ALL)

MAHFOOZ AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8024/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8024 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/set aside the order dated 28.07.2025 in Case No./Sessions Trial No. 80 of 2019 u/s 307, 504, 506 of IPC Police Station Kotwali Nagar District Pratapgarh. 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, 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 trial court to permit the applicants to appear before the trial court and file an application of discharge. He further submits that the trial court may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Versus Counsel for Applicant(s) : Dilip Mishra Counsel for Opposite Party(s) : G.A. Mahfooz Ahmad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 trial court 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 19, 2025 Mayank A482 No. 8024 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench