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2025 DAILYLAW 168050 (ALL)

KASHI NATH AND ANOTHER v. STATE OF U.P. THRU. ADDL. SECY. HOME CIVIL SECTT. LKO. AND 2 OTHERS

A482/8434/2025 · 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. - 8434 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, 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 No.2 of 2023, dated 07.10.2023 in Criminal Case No. 185 of 2024; State Vs. Kashi Nath and another, arising out of Case Crime No. 184 of 2023, under Sections 323, 504, 506, 452, 354 kha and 308 IPC, Police Station Gosainganj, District Ayodhya, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants 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 applicants 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 liable to be dismissed. After arguing at some length, learned counsel for the applicants Versus Counsel for Applicant(s) : Umesh Pratap Singh, Nasrul Hasan Counsel for Opposite Party(s) : G.A. Kashi Nath And Another .....Applicant(s) State Of U.P. Thru. Addl. Secy. Home Civil Sectt. Lko. And 2 Others .....Opposite Party(s) 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 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 applicants are 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 26, 2025 kkv/ A482 No. 8434 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench