Rajendra Mishra and Another v. State of U.P. Thru.The Secy. Home and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10328 of 2023 Applicant :- Rajendra Mishra And Another Opposite Party :- State Of U.P. Thru.The Secy. Home And Another Counsel for Applicant :- Yogesh Kesarwani Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record. The instant application has been filed with prayer for quashing of the chargesheet filed under sections 304-B, 498-A of I.P.C. and section 3/4 of the Dowry Prohibition Act,setting aside the order dated 24-08-2022 passed by the Chief Judicial Magistrate(C.J.M.), Lucknow summoning the applicants. Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants 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 applicants are 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 applicants 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 applicants are 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 considered and decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. Order Date :- 19.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench