SUBHASH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/11646/2024 · 2025-01-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170086 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170086 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11646 of 2024 Applicant :- Subhash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Mahesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C., has been filed for the following main relief:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 24.12.2019 passed by Learned Chief Judicial Magistrate, Court no. 18, Barabanki in Criminal Case No. 8256/2019, State vs. Subhash and others Case Crime No. 325 / 2019, U/s. 380, 411 I.P.C., Police Station-Fatehpur, District-Barabanki in charge sheet no. 285 / 2019 dated 22.11.2019, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 8256/2019, State vs. Subhash and others Case Crime No. 325 / 2019, U/s. 380, 411 I.P.C., Police Station-Fatehpur, District-Barabanki, in the interest of justice." After arguing the matter at some length, learned counsel for the applicant submitted that the instant application may be disposed of with liberty to the applicant to move discharge application before the court concerned, which may be directed to be decided expeditiously. To the aforesaid, there is no objection. Accordingly, the instant application is disposed of with liberty to the applicant to prefer an application for discharge before the court concerned, which shall be considered and decided by the trial court expeditiously, in accordance with law, by means of reasoned and speaking
order. With the aforesaid, the instant application is disposed of finally.
Order Date :- 2.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench