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2025 DAILYLAW 167793 (ALL)

MAQSUD KHAN v. STATE OF UP THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. LKO. AND 3 OTHERS

A482/8350/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8350 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Veerendra Kumaar Tiwari, learned counsel on behalf of the opposite party no.4 is taken on record. Heard learned counsel for the applicant, learned counsel for the opposite party no.4, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash the charge sheet dated 28.1.2025 bearing charge sheet no.1 of 2025 arising out of Case Crime No.0243 of 2024 under Section 420, 406 & 506 I.P.C. Police Station Itoyathok, District Gonda and summoning order dated 12.3.2025 passed by the Additional Chief Judicial Magistrate, District Gonda in Case No.0243 of 2024, State Vs. Faizan and others. Learned counsel for the applicant submits that the applicant is 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 applicant is nothing but harassment. On the other hand, learned A.G.A. for the State and learned counsel for the opposite party no.4 have opposed the contention aforesaid and submit 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) : Rizwanuddin Ahmad, Neeraj Tewari Counsel for Opposite Party(s) : G.A. Maqsud Khan .....Applicant(s) State Of Up Thru. Addl. Chief Secy. Deptt. Home Govt. Lko. And 3 Others .....Opposite Party(s) After the argument 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 and and learned counsel for the opposite party no.4 have 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 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 A482 No. 8350 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench