Rakesh Kumar Shukla v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10407 of 2023 Applicant :- Rakesh Kumar Shukla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Kapil Dev Chaubey,Ajaiy Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record. The instant application has been filed with the prayer to quash the impugned summoning order dated 1.4.2021 passed by the Judicial Magistrate, Kheri and the charge sheet dated 13.6.2020 submitted in Case No.1165 of 2021, Case Crime No.0022 of 2020 under Sections 279, 304A I.P.C. Police Station Phardhan, District Kheri. Learned counsel for the applicant submits that the applicant is not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned A.G.A. 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 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 the argument 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 applicant 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 seven days from today and if such an application is filed, the same shall be decided within a further period of 45 days, strictly in accordance with law. With the aforesaid observation, the application is disposed off. Order Date :- 19.10.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench