HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8882 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash the entire proceeding of Criminal Case No. 43049 of 2019 (State versus Saurabh Gaud), pending in the court of judicial magistrate third, district- Lucknow as well as charge sheet dated-29.12.2018 filed in case crime no.149/2017, under section- 279, 338 i.p.c. police station-sarojini nagar, district-lucknow, pending in the court of judicial magistrate third, district- lucknow, impugned cognizance/summoning order dated-09.08.2019 passed by the court of judicial magistrate third, district- Lucknow, in the interest of justice." 3. At the very outset, learned counsel for the applicant has submitted that without acceding the main prayer(s) sought in the application, the instant application may be disposed of with liberty to applicant 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 Versus Counsel for Applicant(s) : Manoj Kumar Tripathi, Shweta Singh Counsel for Opposite Party(s) : G.A. Saurabh Gaud .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) shall be considered and decided most expeditiously by the Court concerned after taking note of observations made in various pronouncements including 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. 8882 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench