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2025 DAILYLAW 173399 (ALL)

RAMAKANT @ CHOTKAU(RAMAKANT TIWARI IN THE ADHAR) v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/8988/2025 · 2025-10-30

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8988 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, 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 dated 05.05.2022 and summoning order dated 23.12.2022 in NCR No. 25 of 2021, under Sections 323, 504 IPC/115(2), 352 of BNS, Police Station Tarabganj, District Gonda. 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 180 of BNSS, 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 428 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) : Yogeshwar Sharan Srivastava Counsel for Opposite Party(s) : G.A., A.S.G.I. Ramakant @ Chotkau(Ramakant Tiwari In The Adhar) .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home 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 through counsel 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 through counsel within a period of one months 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. October 30, 2025 kkv/ A482 No. 8988 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench