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2025 DAILYLAW 175020 (ALL)

HASIB KHAN v. STATE OF U.P. THRU. ADDL. CHIEF/ PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER

/10154/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10154 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. By means of this application under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicant has sought following reliefs :- "to quash the proceedings of the Complaint Case No. 742 of 2022, Crl Case No. Case No. 4551 of 2024, Divyang Sharma vs. Hasib Khan, under Section 138 and 142, Negotiable of Instruments Act, Police Station - Kotwali Nagar, District-Sultanpur (as contained in the Annexure No. - 1 to the affidavit support of the instant application) and order dated 28.2.2023 passed by the Learned Additional Civil Judge/ Judicial Magistrate, Court No. 29, Sultanpur Complaint Case No. 742 of 2022, Divyang Sharma vs. Hasib Khan, under Section 142, Negotiable of Instruments Act, and 29.5.2024, passed by Learned Additional Civil Judge/ Judicial Magistrate, Court No. 20, Sultanpur in Case No. 4551 of 2024, Divyang Sharma vs. Hasib Khan, under Section 138, Negotiable of Instruments Act viz-viz criminal proceedings initiated on the basis of impugned complaint to meet the ends of justice." 3. Learned counsel for the applicant submits that he does not want to press the application. However, he has submitted that as the proceedings under Section 82 Cr.P.C. have been initiated against the applicant, he will Versus Counsel for Applicant(s) : Ved Prakash Sharma, Lav Upadhyay Counsel for Opposite Party(s) : G.A. Hasib Khan .....Applicant(s) State Of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) file bail application within two weeks from today before the trial Court. 4. Accordingly, the applicant is granted liberty to file the bail 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 three weeks thereafter. Till expiry of five weeks or disposal of application, whichever is earlier, the proceedings under Section 82 Cr.P.C. shall remain stayed qua the applicant. However, if the application is not filed within prescribed time, the trial Court may proceed against the applicant, in accordance with law. 5. With the aforesaid directions, this application stands disposed of. December 2, 2025 Mohit Singh/- A482 No. 10154 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench