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2025 DAILYLAW 179089 (ALL)

ROHIT KUMAR AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/10313/2025 · 2025-12-05

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10313 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record. 2. This application has been filed with the following main prayer: "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 11.03.2025 issued civil Judge (J.D.) F.T.C. / judicial magistrate Lucknow in complaint case no. 37037/2024 Smt. Lata Singh Vs. Umesh Yadav alias Guddan andothers under section 504, 506 I.P.C. P.S. P.G.I. District Lucknow alongwith entire criminal proceeding of aforesaid complaint case against the innocent petitioners pending before learned court below as contained in Annexure no. 1 to this petition in the interest of justice." 3. Learned counsel for the applicants 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 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 Versus Counsel for Applicant(s) : Shresth Agarwal Counsel for Opposite Party(s) : G.A. Rohit Kumar And Another .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s) proceedings in the aforesaid case shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. December 5, 2025 Sachin A482 No. 10313 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench