Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166056 (ALL)

SUBHAM TRIPATHI @ SUDHANSHU TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8106/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8106 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 chargesheet in Criminal Case No. 82290 of 2022; State Vs. Sobhit Kumar @ Dablu & Others, arising out of Case Crime No.0009 of 2018, under Sections 379, 420, 120B IPC and Sections 66, 66C and 66D of IT Act, Police Station Cyber Crime Police Station, District Lucknow and summoning order dated 23.08.2022 passed by In-charge Special Chief Judicial Magistrate, Lucknow as well as entire proceedings in pursuance thereof. 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 Versus Counsel for Applicant(s) : Anand Dubey, Shitla Prasad Tiwari Counsel for Opposite Party(s) : G.A. Subham Tripathi @ Sudhanshu Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) liable to be dismissed. 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. 8106 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench