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2025 DAILYLAW 200552 (ALL)

ANIL GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/1292/2025 · 2025-10-13

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1292 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed with the following prayer:- "To quash the entire proceedings of Criminal Case No.13862 of 2025, State Versus Anil Gautam and others, arising out of Case Crime No.294 of 2024, under sections- 69, 352, 115 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Sections 3/4 of Dowry Prohibition Act, relating to the Police Station- Naseerabad, District- Rae Bareli, pending in the Court of learned II Additional Chief Judicial Magistrate, Rae Bareli and impugned chargesheet no.55/25, dated 27.4.2025, submitted by the Investigating Officer against the petitioner u/s 69, 352, 115(2) B.N.S. and 3/4 of D.P. Act, in aforesaid case crime; to quash the cognizance order dated 01.08.2025 passed by learned Additional Chief Judicial Magistrate, Raebareli." 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, it is provided that applicant is permitted to move his Versus Counsel for Applicant(s) : Brijesh Kumar Yadav, Vijay Kumar Counsel for Opposite Party(s) : G.A., Ashutosh Kumar Srivastava Anil Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) discharge application(s) through counsel within four weeks from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions, this application stands disposed of. October 13, 2025 Arpan NA528 No. 1292 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench