ASHUTOSH PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9055/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197339 (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. - 9055 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.
2. The present application has been filed for the following main relief(s):-
"Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quash the cognizance order dated- 18.06.2025 arising out in Case Crime No. 0072/2024, Criminal Case No.1414/2025, Under Section 268 of I.P.C. Police Station-Maharajganj, District- Ayodhya (State Versus Ashutosh Pathak), passed by the court of Addl. Civil judge(S.D.)(ii) / Addl. Chief Judicial Magistrate, District- Ayodhya, as well as impugned charge sheet dated-13.04.2024, submitted by the investigating Officer against the applicant, in aforesaid Case Crime number in the interest of justice.
It is further prayed that the further proceeding in pursuance to the impugned Cognizance
order dated 18.06.2025 as well as Charge Sheet dated 13.04.2024 in case crime no.0072/2024, Criminal Case No.1414/2025, Under Section-268 of I.P.C. Relating to Police Station- Mahrajganj, District-Ayodhya, bearing name State V/S Ashutosh Pathak, which is passed by the court of Addl. Civil judge(S.D.)(ii) / Addl. chief Judicial Magistrate, District- Ayodhya, may be stayed during the pendency of this application Under Section- 528 BNSS (Old-482 Cr.P.C.) before this Hon'ble Court."
3. At the very outset, learned counsel for the applicant has submitted that without acceding the main prayer(s) sought in the application, the instant application may be
disposed of with liberty to applicant to prefer discharge application, which may be
directed to be decided by the Court concerned most expeditiously after taking note of settled proposition of law on the issue including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690.
4. To the aforesaid, there is no objection.
5. Accordingly, the instant application is disposed of with liberty to applicant to prefer discharge application before the Court concerned which shall be considered and decided most expeditiously by the Court concerned after taking note of observations made in various pronouncements including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (supra).
6. With the aforesaid, the application is disposed of finally. October 17, 2025 Arun/- Versus Counsel for Applicant(s) : Ravi Shankar, Satish Kumar Srivastava Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Ashutosh Pathak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench