SANTOSH CHAUDHARY v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME, LKO. AND ANOTHER
A482/8179/2023 · 2025-10-28
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196807 (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. - 8179 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the record of this application.
2. This application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 23.08.2022 in Complaint Case No.50934 of 2022, under sections 323, 504, 506 IPC., arising out of Misc. Case No.747 of 2022 under Section 156(3) Cr.P.C. (Ajay Yadav vs. Santosh Chaurasia and others) Police Station Gomti Nagar, District Lucknow as well as to stay the implementation of NBW dated 10.07.2023 pending before the Chief Judicial Magistrate, 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 and learned counsel for the opposite party have 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 days from today. The Magistrate concerned shall consider and decide the same in accordance with law within six weeks thereafter.
6. For a period of eight weeks' from today or till the disposal of the discharge application, no coercive action shall be taken against the applicant in respect of the aforesaid case. Versus Counsel for Applicant(s) : Manoj Kumar Dubey, Roopani Mishra Counsel for Opposite Party(s) : G.A., Vijay Shankar Trivedi, Vivek Kumar Misra Santosh Chaudhary .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home, Lko. And Another .....Opposite Party(s)
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 applicant.
8. With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. October 28, 2025 Pks A482 No. 8179 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench