PARVESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/8872/2025 · 2025-10-28
Saurabh Lavania
body2025
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8872 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants, 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):-
"1. To quash the impugned congnigence order dated 24-4-2025 passed by additional civil judge [junior Division] court Hardoi and charge sheet no. 346 of 2020 dated 9-11-2020 in Case Crime no. 354 of 2020 police station Madhauganj District Hardoi under section 323, 504, 506 I.P.C. State of U.P. vs Pravesh kumar and others The copy of order dated 24-4- 2025 and charge sheet dated 9-11-2020 is being annexed herewith as annexure no. 1 and 2 to this petition. 2. To stay the impugned congnigence order dated 24-4-2025 passed by additional civil judge [junior Division] court Hardoi and charge sheet no. 346 of 2020 dated 9-11-2020 in Case Crime no. 354 of 2020 police station Madhauganj District Hardoi under section 323, 504, 506 I.P.C. State of U.P. vs Pravesh kumar and others The copy of order dated 24-4- 2025 and charge sheet dated 9-11-2020 is being annexed herewith as annexure no. 1 and 2 to this petition."
3. At the very outset, learned counsel for the applicants has submitted that without acceding the main prayer(s) sought in the application, the instant application may be disposed of with liberty to applicants 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 Versus Counsel for Applicant(s) : Anil Kumar Nishad Counsel for Opposite Party(s) : G.A. Parvesh Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 28, 2025 Vinay/- A482 No. 8872 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench