SHIVAM GARG v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9284/2025 · 2025-11-04
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175606 (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. - 9284 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the record of this application.
2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.04.2025 passed by Judicial Magistrate-III, Lucknow as well as entire proceedings of Complaint Case No.57184 of 2024, (Shantanu Kumar Singh vs. Shivam Garg) under sections 406, 422 IPC., Police Station Gomti Nagar, District Lucknow as well as to stay the entire criminal proceedings.
3. After arguing at some length, counsel for the applicant submits that he does not want to press the present prayer. However, he submitted that offence is triable by Magistrate and is of minor nature, therefore the applicant may be allowed to move a discharge application before the Magistrate through counsel.
4. Learned AGA and learned counsel for the opposite party have no objection.
5. Considering the above submissions, liberty is given to the applicant to move discharge application through counsel before the Magistrate concerned within a period of two weeks days from today. The Magistrate concerned shall consider and decide the same in accordance with law within six weeks thereafter.
6. For a period of eight weeks' from today or till the disposal of the discharge application, no coercive action shall be taken against the applicant in respect of the aforesaid case.
7. It is made clear that in the event no such application is moved within the time prescribed above, the benefit of this order will not be available to the applicant.
8. With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. November 4, 2025 Pks Versus Counsel for Applicant(s) : Surjeet Kumar Mishra, Satyarth Mishra Counsel for Opposite Party(s) : G.A. (Brij Raj Singh,J.) Shivam Garg .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench