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2025 DAILYLAW 199960 (ALL)

MADHVENDRA NATH MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8586/2025 · 2025-10-08

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8586 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants and the learned A.G.A. and perused the material available on record. 2. This application under Section 482 CrPC has been filed by the applicants challenging the order dated 28.07.2023 passed by the Chief Judicial Magistrate, District Pratapgarh, in Criminal Case No. 12692 of 2023, State v. Madhvendra Nath Mishra & ors., barring Sandeep Raj Mishra under Sections 323, 504, 506, 354, I.P.C. and 190(1)(b) of Cr.P.C. and order dated 30.11.2024 passed by learned Sessions Judge in Criminal Revision No. 206 of 2023, Madhvendra Nath Mishra & others v. State of UP & anr., P.S. Kotwali Nagar, District Bratapgarh, contained as Annexure Nos. 1 & 2 to the petition and the entire proceeding of the said case. 3. Learned counsel for applicants submits that the Investigating Officer without applying his mind, has wrongly submitted the charge sheet arraying the name of the applicants as an accused. In view of above, this application deserves to be allowed. 4. Per contra, learned A.G.A. urged that there is sufficient evidence against the applicants and there is no occasion for quashing of the impugned summaning order and proceedings of aforesaid case. 5. Having heard learned counsel for the parties, a perusal of record and in Versus Counsel for Applicant(s) : Jay Krishna Shukla Counsel for Opposite Party(s) : G.A. Madhvendra Nath Mishra And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) the facts and circumstances of the case, a prima facie, case is made out against the applicants. Therefore, prayer for quashing the impugned summoning order as well as proceedings of aforesaid case, is declined. 6. After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 7. Learned A.G.A. has no objection in grant of aforesaid prayer. 8. In view of above, it is provided that applicants are permitted to move his discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 9. Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case. 10. In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order. 11. It is clarified that after disposal of discharge application, the applicants will be subject to regular process of the court concerned, including bail etc. 12. With the above directions, this application is disposed of. October 8, 2025 A.Nigam A482 No. 8586 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench