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2025 DAILYLAW 167255 (ALL)

GYANENDRA MISHRA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1363/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1363 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 has been filed with the prayer to quash the impugned summoning order against the applicants dated 4.9.2025 passed by the Chief Judicial Magistrate, Unnao and quash the charge sheet no.216 of 2025, Case No.16126 of 2025, CNR No.UPUN040241572024 arising out of Case Crime No.147 of 2025 under Section 69/351 (3) B.N.S., Police Station Gangaghat, District Unnao dated 14.6.2025. Learned counsel for the applicants submits that the applicants are not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicants is nothing but harassment. On the other hand, learned A.G.A. 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. After the argument at 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 Versus Counsel for Applicant(s) : Dharmendra Kumar Bhatt Counsel for Opposite Party(s) : G.A. Gyanendra Mishra .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 seven days 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 off. September 26, 2025 Ram Murti NA528 No. 1363 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench