Chhanga Lal and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home, U.P. Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11174 of 2023 Applicant :- Chhanga Lal And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Parashu Ram Kanaujia,Kishan Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri B.N.Nishad, 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 13-10-2023 passed by the Additional Chief Judicial Magistrate-IV, Raebareli taking cognizance upon the chargesheet dated 14-05-2022 filed by the Investigating OfÏce in Case Crime No. 78 of 2022, Police Station-Kheeron, District-Raebareli. 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 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 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. Liberty is given to the applicants to move discharge application through their counsel. With the aforesaid observation, the application is disposed of. Order Date :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench