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2025 DAILYLAW 32104 (ALL)

ARPIT AGARWAL v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME) AND ANOTHER

NA528/9070/2025 · 2025-08-06

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133688 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.22) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 9070 of 2025 Applicant :- Arpit Agarwal Opposite Party :- State Of U.P. Though It Principal Secretary (Home) And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Atul Kumar, learned counsel for the applicant and Sri S.K. Ojha, learned A.G.A.-I for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 02.10.2019 as well as impugned summoning order dated 15.10.2019 passed in Case No. 6376/9 of 2019 (Vishal Kashyap and Other) arising out of Case Crime No. 469 of 2019 under Sections 414, 420, 465, 468, 471 I.P.C., P.S.- Civil Line, District- Muzaffar Nagar, pending in the court of learned Chief Judicial Magistrate, Muzaffar Nagar. 3. For similar prayer, earlier also the applicant has filed an Application under Section 482 Cr.P.C. No. 7537 of 2020 (Arpit vs. State of U.P. and Another), which was disposed with the following directions: "Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings, therefore, the prayer for quashing the same is hereby refused. At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that direction may be issued to decide the application within the stipulated time. Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appear and move an appropriate application for discharge under section 239 Cr.P.C. through counsel before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law. With the aforesaid observation, the present application is disposed of." 4. Since, the instant application is for the same prayer, which was already refused by this Court, therefore, in the considered opinion of this Court the second 482 Application is not maintainable. However, in the instant application the applicant has tried to point out some further development in the case and the report submitted by the police after conducting further investigation in the matter, as per the directions issued by the A.C.J.M., Muzzaffar Nagar, however, which also confirms the charges against the applicant herein. 5. In view thereof, this Court do not find any good reason to entertain the instant application and the same is accordingly dismissed. Order Date :- 7.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad