SMT. PRAMILA SINGH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LOK BHAWAN LKO. AND ANOTHER
A482/9454/2025 · 2025-11-11
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179723 (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. - 9454 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. In view of the proposed
order, issuance of notice to opposite party no.2 is dispensed with.
2. This application has been filed with the following main reliefs:
"[i] To quash the summoning order dated: 28/03/2025, passed by the Learned Ith Additional Chief Judicial Magistrate, Lucknow, passed in Criminal Complaint Case No. - 12542 of 2024, Smt. Tara Devi Vs. Shiva & others, P.S. - Vikas Nagar, Lucknow, U/Ss. 452/323/506 IPC, against the applicants, being abuse of legal process, by this Hon'ble Court, which is already enclosed with the instant application as per Annexure no.5, to meet the end of justice. [ii] To pass suitable order for stay the proceedings, being held as per the summoning order dated: 28/03/2025, passed by the Learned Ith Additional Chief Judicial Magistrate, Lucknow, passed in Criminal Complaint Case No. - 12542 of 2024, Smt. Tara Devi Vs. Shiva & others, P.S. - Vikas Nagar, Lucknow, U/Ss. 452/323/506 IPC, against applicants, being abuse of legal process, till final disposel of this application, by this Hon'ble Court, which is already enclosed with the _ instant petition as per Annexure no.5, to meet the end of justice."
3. Learned counsel for the applicants submits that he does not want to press Versus Counsel for Applicant(s) : Rakesh Chandra Rastogi Counsel for Opposite Party(s) : G.A. Smt. Pramila Singh And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lok Bhawan Lko. And Another .....Opposite Party(s)
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 applicants are 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 six weeks thereafter. The applicants are also granted liberty to appear through their counsel. Till expiry of eight 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 11, 2025 Sachin A482 No. 9454 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench