Raghuvansh Mishra Alias Raghuvansh Mani Mishra v. State Of U.P. Thru. Addl. Chief Secy. Deptt

Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 01 of 2022, dated 28.09.2022, cognizance/summoning order dated 16.02.2023 issued by Additional Civil Judge (JD), Sultanpur as well as entire proceedings arising out of FIR No. 0469 of 2022, under Sections 323/504/506/427/34 IPC, Police Station Gosaiganj, District Sultanpur, pending before learned ACJM-5, room no. 51, Sultanpur. 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. 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 contentions 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 some 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 for 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 appearing for the State has no objection to the aforesaid submissions. 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 :- 4.8.2025 kkv/