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2025 DAILYLAW 198558 (ALL)

KAYAM SINGH v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/8977/2025 · 2025-10-17

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8977 of 2025 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. 2. This application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 19.08.2023 as well as the entire proceedings arising out of Complaint Case No.599 of 2018, under sections 323, 354, 452 IPC., Police Station Mailani, District Kheri (Asma @ Asha Singh vs. Kayam Singh & ors) pending before the court of Civil Judge, (Senior Division), / First Judicial Magistrate, Lakhimpur Kheri. 3. It has been submitted that complaint has been filed out of malafide intention and the applicant is the husband of opposite party no. 2 therefore, allegation of molestation is false and fabricated. He further submitted that the proceedings under Section 125 Cr.P.C. was instituted by opposite party no. 2 and out of malafide intention, the proceedings is also instituted against him, therefore, no offence is made out therefore, the complaint is liable to be quashed. 4. After arguing at some length, counsel for the applicant submits that he prays that the applicant may be allowed to move a discharge application before the Magistrate concerned through counsel. 5. Learned AGA appearing for the State has no objection. Versus Counsel for Applicant(s) : Ashish Kumar Srivastava, Shivam Srivastava Counsel for Opposite Party(s) : G.A. Kayam Singh .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) 6. 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 six weeks thereafter. 7. For a period of eight 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. 8. 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. 9. With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. October 17, 2025 Pks A482 No. 8977 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench