HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9371 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Krishna Bhushan Tripathi, Advocate on behalf of the respondent no. 2 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for the respondent no. 2. 3. This application has been filed for quashing the charge sheet dated 08.11.2024 as well as summoning order dated 02.12.2024 passed in Criminal Case No. 115761 of 2024, arising out of F.I.R. No. 88 of 2024, under Sections 189, 504, 506, 507 I.P.C., P.S. Wazeerganj, District Lucknow. 4. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case. It is further submitted that on the complaint of applicant, one inquiry was initiated against the private respondent, due to annoyance of which, the F.I.R. was lodged on the basis of concocted facts. It is also submitted that during the course of investigation, the alleged document was never examined that whether it was prepared and signed by the applicant or not. It is next submitted that as a matter of fact, one envelop was given by the private respondent to the applicant for sending the same through registered post, in which, the name of the receiver mentioned was of the private respondent and at the place of sender's name, the name of brother of the private respondent was Versus Counsel for Applicant(s) : Ramesh Singh, Himanshu Deepak Counsel for Opposite Party(s) : G.A. Balwan Singh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) mentioned, which was brought by the applicant to the GPO, Lucknow and it was dispatched. However, on the basis of concocted facts, the F.I.R. was lodged against unknown with the allegation that by mentioning some abusive words, life threat was given to the private respondent. It was also requested that the sender of the said envelop may be traced after examining the CCTV footage of GPO, Lucknow. During the course of investigation, it was found in the CCTV footage that the said envelop was dispatched by the applicant. Submission of the learned counsel for the applicant is that the veracity of the handwriting as well as version of applicant, was not considered. It is, thus, submitted that the indulgence of this Court is necessary. 5. Learned A.G.A. as well as learned counsel for the complainant oppose the prayer of the learned counsel for the applicant and submit that charge sheet has already been filed by the Investigating Officer on the basis of evidence collected and the same cannot be examined at this stage. Placing reliance on the decision of the Hon'ble Supreme Court in the case of C.B.I. Vs. Aryan Singh, 2023 SCC OnLine SC 379, learned counsel for the respondents submit that all these defence can be raised by the applicant before the trial court at the appropriate stage. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that on the basis of evidences collected by the Investigating Officer, he submitted the charge sheet and the same cannot be evaluated in present proceedings. 7. At this stage, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may A482 No. 9371 of 2025 2 be issued for expeditious disposal of the same. 8. Learned A.G.A. has no objection in grant of aforesaid prayer. 9. In view of above, it is provided that applicant may move his discharge application through counsel within six weeks from today and, in case, any such application is filed, same shall be heard and decided expeditiously after hearing the parties in accordance with law, by means of a reasoned and speaking order. 10. Till the aforesaid period of six weeks and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 11. With above directions, this application is disposed of. November 20, 2025 VKS A482 No. 9371 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench