MO. TAMHEED WARSI AND ANOTHER v. STATE OF U.P. THRU. A.C.S. / PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9030/2025 · 2025-10-17
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190442 (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. - 9030 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 19.11.2018 as well as the entire proceedings arising out of Complaint Case No.491 of 2018 under sections 323, 504, 506 IPC., Police Station Gomti Nagar, District Lucknow (Wajahuddin vs. Tahseen & ors) pending before the court of Additional Chief Judicial Magistrate, Court No.25, District Lucknow.
3. After arguing at some length, counsel for the applicant submits that he does not want to press the present prayer. However, he submitted that offence is triable by Magistrate and is of minor nature, therefore the applicant may be allowed to move a discharge application before the Magistrate through counsel.
4. Learned AGA appearing for the State has no objection.
5. Considering the above submissions, liberty is given to the applicant to move discharge application through counsel before the Magistrate concerned within a period of two weeks from today. The Magistrate concerned shall consider and decide the same in accordance with law within four weeks thereafter. Versus Counsel for Applicant(s) : Mohd Najrul Abdeen, Prince Kumar Tripati, Shaista Parveen Counsel for Opposite Party(s) : G.A. Mo. Tamheed Warsi And Another .....Applicant(s) State Of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
6. For a period of six weeks' from today or till the disposal of the discharge application, no coercive action shall be taken against the applicants in respect of the aforesaid case.
7. It is made clear that in the event no such application is moved within the time prescribed above, the benefit of this order will not be available to the applicants.
8. With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. October 17, 2025 Pks A482 No. 9030 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench