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2025 DAILYLAW 174068 (ALL)

ANUPAM KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/10358/2025 · 2025-12-10

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10358 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record. 2. This application has been filed with the following main prayers: "i. To quash the summoning order dated 18.02.2018 and B.W. order dated 21.08.2025, in criminal Case No.207/2018, arising out from F.I.R. No. 80/2017, Under Section- 147,148,324,308, I.P.C., Police Station Gosaiganj, District- Sultanpur and criminal case No.207/2018 ( State of U.P. Versus Surendra & Others) pending before the Additional Chief Judicial Magistrate Room No.21, Sultanpur, Secure the ends of justice. ii. To quash the charge sheet no. 01/2017 dated 17.12.2017 and Stay the proceeding of the criminal case no. 207/2018 ( State of U.P. Versus Surendra & Others, Charge Sheet vide charge sheet no.01/2017 arising out from case crime no. 80/2017 under 147,148,324,308, I.P.C., Police Station Gosaiganj, District-Sultanpur pending before the learned Additional Chief Judicial Magistrate Room No.21, Sultanpur, Secure the ends of justice." 3. Learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection. Versus Counsel for Applicant(s) : Rakesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Anupam Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of four weeks thereafter. The applicant is also granted liberty to appear through his counsel. Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid case shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. December 10, 2025 Sachin A482 No. 10358 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench