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2025 DAILYLAW 172815 (ALL)

PRAMOD KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

/10171/2025 · 2025-12-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10171 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main relief(s):- "i. To quash the impugned summoning order dated 03.01.2019 as well as the impugned chargesheet dated 16.05.2016 and order dated 12.11.2025 by which under section 82 Crpc proceeding has been initiated against the applicant in respect of Criminal Case No. 07 of 2019 "State Versus Pramod Kumar Tripathi" pending pending into the Hon'ble court of Judicial Magistrate-1, Lucknow arising out of Case Crime No. 227 of 2015, under sections-406, 420 & 507 I.P.C. Police Station-Para, District- Lucknow. as contained in Annexure No. 1, 2 & 3 to this Application. ii. To Quash entire criminal proceedings of Criminal Case No. 07 of 2019 "State Versus Pramod Kumar Tripathi" pending in the court of learned Judicial Magistrate-I, Lucknow arising out of Case Crime No. 227 of 2015, under sections-406, 420 & 507 I.P.C. Police Station-Para, District- Lucknow. iii. To stay the further proceedings of Criminal Case No. 07 of 2019 "State Versus Pramod Kumar Tripathi" pending in the court of learned Judicial Magistrate-I, Lucknow." 3. Considering the facts of the case as also the punishment provided for the offence under Sections 406, 420, 506, 507 IPC as also the observations made by the Hon'ble Apex Court in the judgment passed in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which Versus Counsel for Applicant(s) : Sanandan Kumar Misra, Bhairav Datt Sharma, Bina Kumari Bajpai Counsel for Opposite Party(s) : G.A. Pramod Kumar Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) shall be decided most expeditiously, and also thereafter to prefer an application seeking discharge based upon the judgment passed in the case of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing a reasoned and speaking order, within a period of four months from the date of production of certified copy of this order, if possible and if there is no other legal impediment in this regard. 4. With the aforesaid observations, the present application is disposed of. December 4, 2025 Arun/- A482 No. 10171 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench