HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1325 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash the impugned Chargesheet No. 229/2025, dated 04.07.2025, under sections 331(4), 305, 317(2) of B.N.S., Police Station - Salon, District Raebareli, as well as impugned Summoning Order Dated 24.07.2025, passed by Learned Additional Civil Judge (S.D.) /Additional Chief Judicial Magistrate, Raebareli in Case no. 13523/2025, 'State Vs Shiv Babu Singh Chauhan', arising out of Case Crime No. 0243/2025, under sections 331(4), 305 B.N.S., Police Station - Salon, District - Raebareli 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 Versus Counsel for Applicant(s) : Veer Bahadur Yadav Counsel for Opposite Party(s) : G.A. Bhola Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. After arguing at 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 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 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 AKS NA528 No. 1325 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench