State of Uttar Pradesh v. Pankaj Kumar Jain and another
Case Details
Applicant :- Pankaj Kumar Jain Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Shweta Srivastava,Vikas Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./ Section 528 BNSS has been preferred with the following prayers: "It is most respectfully prayed that the Hon'ble Court may be pleased to allow the instant application and to discharge the applicant setting aside the order dated 28.01.2025 (contained in Annexure No.3) and quash the charge-sheet filed in case crime no. 0570 of 2017 as well as entire proceeding arising out of Misc. case no 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another (contained in Annexure No. 4) under sections 419, 420, 467, 468, 471, 504 and 506 of Indian Penal Code pending in the court of learned Judicial Magistrate-III Lucknow and summoning order dated 25.09.2019 (contained in Annexure No. 5) passed by the Judicial Magistrate-III Lucknow in Misc. Case No. 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another, whereby the applicant/deponent has been summoned to face the trial under the aforesaid sections of Indian Penal Code, otherwise the applicants/deponent shall suffer irreparable loss and hardships. It is further prayed that during pendency of the instant petition/application this Hon'ble Court may graciously be pleased to stay entire proceedings of Miscellaneous Case No 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another under sections 419, 420, 467, 468, 471, 504 and 506 of Indian Penal Code pending in the court of learned Judicial Magistrate-III Lucknow and such other or further orders as may deem necessary under the facts and circumstances of the case may also kindly be passed." Learned counsel for the applicant has submitted that the discharge application has been preferred by the applicant after passing of the judgement and order dated 13.05.2024 in Application U/s 482 No.8160 of 2019. It is further submitted that by order dated 28.01.2025 application for discharge moved by the applicant was rejected, whereas on that date the Presiding Officer i.e. Judicial Magistrate, IIIrd , Lucknow was on leave. In support of his submission learned counsel for the applicant has drawn the attention of this Court to the certified copy of the order-sheet dated 28.01.2025 in the case of the applicant i.e. Case Crime No.0570 of 2017 (State vs. Pankaj Jain). Learned A.G.A prays for and is granted a week's time to seek instruction in the matter. List this case in the week commencing 21.04.2025 in top ten cases. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 11.4.2025 S. Kumar
Applicant :- Pankaj Kumar Jain Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Shweta Srivastava,Vikas Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./ Section 528 BNSS has been preferred with the following prayers: "It is most respectfully prayed that the Hon'ble Court may be pleased to allow the instant application and to discharge the applicant setting aside the order dated 28.01.2025 (contained in Annexure No.3) and quash the charge-sheet filed in case crime no. 0570 of 2017 as well as entire proceeding arising out of Misc. case no 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another (contained in Annexure No. 4) under sections 419, 420, 467, 468, 471, 504 and 506 of Indian Penal Code pending in the court of learned Judicial Magistrate-III Lucknow and summoning order dated 25.09.2019 (contained in Annexure No. 5) passed by the Judicial Magistrate-III Lucknow in Misc. Case No. 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another, whereby the applicant/deponent has been summoned to face the trial under the aforesaid sections of Indian Penal Code, otherwise the applicants/deponent shall suffer irreparable loss and hardships. It is further prayed that during pendency of the instant petition/application this Hon'ble Court may graciously be pleased to stay entire proceedings of Miscellaneous Case No 77362 of 2019 State of Uttar Pradesh vs Pankaj Kumar Jain and another under sections 419, 420, 467, 468, 471, 504 and 506 of Indian Penal Code pending in the court of learned Judicial Magistrate-III Lucknow and such other or further orders as may deem necessary under the facts and circumstances of the case may also kindly be passed." Learned counsel for the applicant has submitted that the discharge application has been preferred by the applicant after passing of the judgement and order dated 13.05.2024 in Application U/s 482 No.8160 of 2019. It is further submitted that by order dated 28.01.2025 application for discharge moved by the applicant was rejected, whereas on that date the Presiding Officer i.e. Judicial Magistrate, IIIrd , Lucknow was on leave. In support of his submission learned counsel for the applicant has drawn the attention of this Court to the certified copy of the order-sheet dated 28.01.2025 in the case of the applicant i.e. Case Crime No.0570 of 2017 (State vs. Pankaj Jain). Learned A.G.A prays for and is granted a week's time to seek instruction in the matter. List this case in the week commencing 21.04.2025 in top ten cases. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 11.4.2025 S. Kumar