Faizan vs State Of U.P. Thru. Addl. Chief Secy. ...
2026 Latest Caselaw 688 ALL

Allahabad High Court

Faizan vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 April, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:23094
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 2445 of 2026   
 
   Faizan    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Vinay Kumar Tiwari   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 16
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.      

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant application has been filed with the prayer to quash the entire operation and implementation of the Case No. 17585 of 2025, State vs. Faizan & Others pending before Additional Civil Judge (C.D.)/A.C.J.M, Gonda as well as summoning order dated 27.06.2025 and Charge Sheet No.01 of 2024 Dated 20.07.2024 under Section 376, 504, 506, 323, 406, 342 I.P.C in arising out of Case Crime No. 198 of 2024 dated 26.05.2024 under section 376, 504, 506 I.P.C, Police Station-Itiathok, District-Gonda, together with all further proceedings arising out of the same.

Learned counsel for the applicant submits that the applicant is not involved in committing the offence and the story narrated in the F.I.R. is concocted and frivolous. He added that the criminal proceedings against the present applicant is nothing but harassment. He further submits that the applicant has already been enlarged on bail.

On the other hand, learned A.G.A. 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 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 the argument 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 fifteen days from today and if such an application is filed, the same shall be decided within a further period of sixty days, strictly in accordance with law.

With the aforesaid observation, the application is disposed off.

(Shree Prakash Singh,J.)

April 2, 2026

Ram Murti