Citation : 2026 Latest Caselaw 121 ALL
Judgement Date : 2 February, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:22139
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 39621 of 2024
Dalip Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rakesh Kumar Verma
Counsel for Opposite Party(s)
:
Madan Singh, G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri Madan Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings as well as the charge sheet dated 19.04.2023 of Case No. 6035/9 of 2023 (Computer No. 31340) (State Vs. Dalip Singh and others), arising out of Case Crime No. 36 of 2022, under Sections 420, 467, 468, 471, 447 I.P.C., Police Station Pakbada, District Moradabad and cognizance/summoning order dated 08.08.2023, pending in the court of learned C.J.M., Moradabd.
3. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused.
4. Learned counsel for the applicant has prayed that a liberty may be given to the applicant to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
5. Accordingly, liberty is given to the applicant to appear before the court below through counsel to move discharge application within four weeks from today.
6. This application is disposed of with a direction to the court below that in case the applicant appears before the court below through counsel within four weeks from today and moves a discharge application, the same shall be considered and decided in accordance with law.
7. Till the disposal of discharge application, no coercive action shall be taken against the applicant.
8. It is made clear that in case the applicant does not appear before the court below within the aforesaid period, no further time shall be given to him.
(Padam Narain Mishra,J.)
February 2, 2026
v.k. updh.
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