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2025 DAILYLAW 173377 (ALL)

SHYAM SUNDAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

/9571/2025 · 2025-11-27

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9571 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings of Case No.2394 of 2011, F.I.R. No.462 of 2011 under Sections 419, 420, 467, 468, I.P.C, Police Station - Kotwali Nagar, District - Barabanki. 3. Learned counsel for the applicant submits that daughter of Paltu Ram s/o Khargi r/o Bhaisuriya/Mujahidpur, Police Station Fatehpur, District Barabanki was eloped, thereafter, he made a complaint to the police on the basis of F.I.R. No.529 of 2011 under Section 363, 366 I.P.C. was lodged against co-villager Vishwanath s/o Kunvare. He further submits that investigation was being conducted and father of the victim tried to show that his daughter was aged about 14 years at the time of incident and requested the custody of the victim before C.J.M., Barabanki, thereafter, C.J.M., Barabanki considering the school leaving certificate, in which, her date of birth was mentioned as 30.6.1992 observed that on the date of incident, victim was major and a marriage certificate was also placed, which was issued by the Society of the applicant, which is N.G.O. working for the welfare of society as well as collective marriages of the daughters belonging to the economic weaker section. Versus Counsel for Applicant(s) : Shree Prakash Shukla Counsel for Opposite Party(s) : G.A. Shyam Sundar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others .....Opposite Party(s) Learned counsel for the applicant submits that final report was submitted by the Investigating officer in the said case and final report No.25 of 2011 dated 19.8.2011 in Case Crime No.592 of 2011 under Section 366 I.P.C., P.S. Fatehpur, Barabanki was accepted by the C.J.M. vide order dated 6.12.2014 in Misc. Case No.320 of 2014 (Paltu Ram Vs. Vishwanath). He also submits that Mr. Dhruv Bhushan Dubey, Investigating Officer of the aforesaid case, lodged an F.I.R. with the allegation that applicant has issued false certificate of marriage of the victim, however, it is undisputed fact that certificate was issued by a society in relation to the marriage of the victim of the aforesaid case, which was conducted on 20.7.2011, therefore, no case is made out against the applicant but without considering the entire facts of the case, charge sheet was submitted by the Investigating Officer. He further submits that discharge application was filed by the applicant before the C.J.M., Barabanki, which is pending since 23.5.2015, therefore, impugned proceedings may be quashed. 4. Learned A.GA. opposes the prayer of the applicant and submits that it was obligatory on the part of the applicant to move appropriate application before the court below for expedite disposal of the pending application for discharge, therefore, application is liable to be dismissed. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident from the record that discharge application of the applicant is pending since 23.5.2015 before the court below, accordingly, the present application is disposed of with the direction to the C.J.M., Barabanki to decide the pending discharge application of the applicant dated 23.5.2015 within a period of one month from the date of production of certified copy of this order, by a reasoned and speaking order. November 27, 2025 GauraV/- A482 No. 9571 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench