HAIDER ALI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9969/2025 · 2025-11-25
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174770 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174770 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9969 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 petition has been filed with the following main relief:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Complaint Case No. 05 of 2024; Asharam Versus Wafadar and Others, under sections- 323, 354, 452, 504 and 506 I.P.C & 7/8 POCSO Act, pending in the Court of learned Special Judge POCSO Act, Ambedkar Nagar also stay the operation of implementation of the impugned Summoning order related to applicant Under Section 323, 452 and 506 I.P.C dated 21-06-2025, as contained in Annexure no. 1 of the petition, during the pendency of instant petition, in the interest of law and 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.
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 Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Haider Ali .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
is directed to dispose of the same within a period of four weeks thereafter. 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. November 25, 2025 Sachin A482 No. 9969 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench