Santosh Dubey v. State of U.P. Thru. Prin. Secy. Deptt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10010 of 2023 Applicant :- Santosh Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Lko And Another Counsel for Applicant :- Firoz Ahmad Khan,Mohd. Shafiq Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer to quash the entire criminal proceedings initiated against the applicant in pursuance of the impugned summoning order dated 12-05-2023 passed by the learned Additional Civil Judge, Junior Division, Ninth/Judicial Magistrate, Faizabad, in Criminal Case No. 138 of 2023, arising out of Case Crime No. 27 of 2023, under sections 323,504,325,452,506,307 of I.P.C., Police Station-Tarun, Disrtrict-Ayodhya/Faizabad. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After arguing at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. Order Date :- 13.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench