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2025 DAILYLAW 188554 (ALL)

ANIL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9748/2025 · 2025-11-18

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9748 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 reliefs: "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the impugned Summoning Order Dated 26.05.2025, Under Section - 354,506 I.P.C., passed by Learned Additional Civil Judge (J.D.), Court No.03, Sitapur in Complaint Case No.60/2024, 'Phoolmati Vs Anil, under section 323, 354, 392, 506 I.P.C., Police Station - Sandana, District - Sitapur, without any substantive evidence, and further quash the Entire Proceedings of Complaint Case No. 60/2024, 'Phoolmati Vs Anil, under section 323, 354, 392, 506 I.P.C., Police Station - Sandana, District - Sitapur, pending in the court of Learned Additional Civil Judge (J.D.), Court No.03, Sitapur, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Complaint Case No.60/2024, 'Phoolmati Vs Anil, under section 323, 354, 392, 506 I.P.C., Police Station - Sandana, District - Sitapur, pending in the court of Learned Additional Civil Judge (J.D.), Court No.03, Sitapur, during pendency of the present petition, in the interest of 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 Versus Counsel for Applicant(s) : Onkar Nath Nishad, Deepak Chandra Counsel for Opposite Party(s) : G.A. Anil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 proceedings in the aforesaid case shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. November 18, 2025 Sachin A482 No. 9748 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench