MOHAMMAD OSAMA @ AZAD v. STATE OF U.P. THRU. SECY. HOME LKO AND ANOTHER
A482/10468/2025 · 2025-12-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198025 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198025 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10468 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application is filed with the prayer to quash the charge sheet dated 28.2.2024 passed by the A.C.J.M., Sultanpur, in Criminal Case No.6861 of 2024 in State Vs. Shekhawat Husain, pending in the Court of A.C.J.M., Sultanpur as well as all the consequential proceedings arising from the charge sheet under Section 392, 411, 120-B I.P.C., Police Station Amethi, District Sultanpur.
3. Learned counsel for the applicant submits that applicant was implicated falsely in the present case as he was taken into custody by the police on 31.12.2023 when he was at his house, thereafter, charge sheet was submitted by the Investigating Officer on 28.2.2024 in the most mechanical manner, therefore, indulgence of this Court is necessary.
4. Learned A.G.A. opposes the prayer of the applicant and submits that charge sheet has already been filed on 28.2.2024 and in case, wrong arrest was made by the police, then applicant is having appropriate remedy. He further submits that charge sheet has already been filed, therefore, defence of the applicant cannot be considered at this stage. Versus Counsel for Applicant(s) : Atiya Abid Counsel for Opposite Party(s) : G.A. Mohammad Osama @ Azad .....Applicant(s) State Of U.P. Thru. Secy. Home Lko And Another .....Opposite Party(s)
5. At this stage, learned counsel for the applicant requested that present application may be disposed of with the liberty to file discharge application before the court below.
6. Learned A.G.A. has no objection.
7. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, the present application is disposed of with the liberty to the applicant to file discharge application and in case, any discharge application is filed, then same shall be decided, expeditiously, in accordance with the law. December 19, 2025 GauraV/- A482 No. 10468 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench