PANKAJ KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO. AND ANOTHER
A482/8013/2025 · 2025-09-19
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 165613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165613 (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. - 8013 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023. has been filed with the prayer to set aside the impugned summoning order dated 25.08.2025 (Annexure No.1) passed the learned Special Judge (SC/ST Act.), District- Gonda in Complaint Case No.147 of 2022 "Tarachand Chamar us. Lal & Ors" arising out of Closure/Final Report dated 05.11.2020 in Case Crime No. 176 of 2020, U/s- 302 of IPC & section 3(2)(v) of SC/ST(PA) Act, Police Station Katra Bazar, District- Gonda. 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. 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 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) : Aditya Tiwari, Pankaj Chaudhary, Ratnesh Mohan Tiwari Counsel for Opposite Party(s) : G.A. Pankaj Kumar And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another .....Opposite Party(s)
After arguing at some length, learned counsel for the applicants submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants 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. Learned AGA for the State has no objection to the aforesaid submission.
In view of aforesaid, the applicants are 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. With the aforesaid observation, the application is disposed of. September 19, 2025 AKS A482 No. 8013 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench