MANUJ BAJPAI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7999/2025 · 2025-09-22
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165357 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165357 (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. - 7999 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit filed today by counsel for the applicants is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the records. Instant application u/s 482 has been filed with the prayer to quash the impugned order of rejection of discharge dated 08.08.2025 passed in the Criminal proceedings arising out of FIR no. 350/2024 dated 04.05.2024 PS- Gola, Lakhimpur Kheri u/s 353, 332, 323, 504, 506 & 427 IPC, quash the impugned Summoning order dated 19.10.2024, quash the impugned Chargesheet bearing no. 01/2024 dated 09.08.2024 and also to quash the entire Criminal Proceedings arising out of FIR no. 350/2024 dated
04.05.2024. It is argued by learned counsel appearing for the applicants that the order impugned is passed on proforma as certain details have been filled up by the trial court through pen. He submitted that this goes against the ratio of settled law in the case of Ankit Vs. State of U.P. and Another passed in Application u/s 482 No. 19647 of 2009 decided on 15.10.2009, therefore, submission is that the impugned order dated 19.10.2024 may be set aside.
Learned counsel appearing for the State has failed to refute the aforesaid
contentions. Considering the submissions of counsel for the parties, it is apparent from the impugned order itself that the date has been filled up by the trial court Versus Counsel for Applicant(s) : Avinash Singh Vishen, Lokesh Kumar Vajpayee Counsel for Opposite Party(s) : G.A. Manuj Bajpai And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
through pen, though, the other details have been typed. This case, in fact, is covered with the ratio of Ankit(Supra) case. Consequently, the impugned order dated 19.10.2024 is hereby set aside. The matter is remitted back to the trial court concerned to pass a fresh order, within a period of 60 days from the date, a certified copy of this order is produced before it. In view of the aforesaid, the instant application is disposed of. September 22, 2025 Mayank A482 No. 7999 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench