Criminal Case No. 1761 of 2024 · Allahabad High Court

: Azad Khan, Santosh Srivastava : G.A. Court No. - 14 HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the applicant and the learned A.G.A. and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Criminal Case No.1761 of 2024 arising out of Case Crime No.87 of 2024 under Sections 188, 270, 278, 268 I.P.C., Police Station - Sohramau, District - Unnao.

Learned counsel for applicants submits that the applicant has falsely been implicated in the present case. It is also contended that Investigating Officer without applying his mind, has wrongly submitted the charge sheet arraying the name of the applicant as an accused. In view of above, this application deserves to be allowed.

Per contra, learned A.G.A. urged that there is sufficient evidence against the applicant and there is no occasion for quashing of the impugned summoning order and proceedings of aforesaid case.

Having heard learned counsel for the parties, a perusal of record and in the facts and circumstances of the case, a prima facie, case is made out against the applicant. Therefore, prayer for quashing the impugned summoning order as well as proceedings of aforesaid case, is declined.

After arguing the matter up to some length, learned counsel for the 2 A482 No. 9193 of 2025 applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that applicant is permitted to move his discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

It is clarified that after disposal of discharge application, the applicant will be subject to regular process of the court concerned, including bail etc.