ASIF KHAN @ PAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1948/2025 · 2025-11-27
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175731 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1948 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 relief:
"Wherefore, it is most respectfully prayed that this hon'ble court may kindly be pleased to quash the entire proceedings of Complaint Case No. 1118 of 2024, Rampher V/s Asif Khan and Others, Under Section 420,506 Indian Penal Code, Police Station : Safdarganj, District: Barabanki., pending in the court of Additional Chief Judicial Magistrate, Court No.19, District : Barabanki as well as the Impugned Summoning Order dated 13.08.2024 Passed, by the Learned Additional Chief Judicial Magistrate, Court No. 19, Barabanki, and Order dated 12.11.2025 Passed by Additional Sessions Judge, F.T. Court No.36, District: Barabanki in Criminal Revision No 176 of 2024. (Contained as Annexure No.1 to this petition), so far as it relates to the petitioner, 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 Versus Counsel for Applicant(s) : Suhail Kashif Counsel for Opposite Party(s) : G.A. Asif Khan @ Pappu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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. November 27, 2025 Sachin NA528 No. 1948 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench