Ankur Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11164 of 2023 Applicant :- Ankur Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prashant Kumar,Devesh Srivastava,Fuhar Gupta,Hari Anuj Bahadur Sinha,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey,learned A.G.A. for the State and perused the record. The instant application has been filed with the prayer for quashing of the impugned summoning order dated 25-04-2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 39, Lucknow in Complaint Case No. 7156 of 2013, under sections 504,506,406 and 420 of I.P.C., Police Station-Bakshi Ka Talab, District -Lucknow and the order dated 05-06-2023. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statements recorded under Sections 200 & 202 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 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 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 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 :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench