HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8216 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, Shri Umesh Singh, learned Additional Government Advocate (A.G.A.) for the State, and perused the record. 2. The instant application has been filed with a prayer to quash the impugned Charge- Sheet dated 26.09.2017 submitted in Criminal Case No. 16230 of 2020 (State Versus Abhishek Tiwari and another), arising out of F.I.R./Case Crime No. 0030 of 2016, Under Sections 323, 149, 147, 148, 307, 427 & 504 I.P.C., Police Station P.G.I., District - Lucknow, as well as the summoning order dated 12.02.2020. 3. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of a statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and the charge-sheet has been filed. He added that the criminal proceedings against the present applicant are 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 the 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. Thus, the application is liable to be dismissed. 5. After the argument at length, learned counsel for the applicant submits that the 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 a stipulated period of time, as may be fixed by this Court. 6. Learned A.G.A. for the State has no objection to the aforesaid submission. Versus Counsel for Applicant(s) : Umesh Singh, Vivek Kumar Tiwari Counsel for Opposite Party(s) : G.A. Abhishek Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another .....Opposite Party(s) 7. In view of the 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 decided within a further period of 60 days, strictly in accordance with law and after hearing the parties. 8. With the aforesaid observation, the application is disposed of. September 25, 2025 Haseen U. A482 No. 8216 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench