Mukesh Kumar And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Mukesh Kumar And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 31 March, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:22491
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 2580 of 2026   
 
   Mukesh Kumar And Another    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ashok Kumar Singh Tomar   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 16
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.      

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

The instant application has been filed with the prayer to cancel the impugned summoning order against the petitioners dated- 18-10-2022 (Annexure no.1) passed by the Learned Chief Judicial Magistrate District-Lucknow, and quesh the proceeding in charge sheet no-01, Case number-115745/2022, crime no-481/2022, under section-406, 419, 420, 467, 468, 471 I.P.C Police Station-Vibhuti khand, District-Lucknow (State vs Amit Alias Javed Iqbal and another), pending before Additional Chief Judicial Magistrate Second Room no-26 Lucknow.

Learned counsel for the applicants submits that the applicants are 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 applicants are nothing but harassment.

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 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 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 applicants are permitted to file an application for discharge before the court below within a period of seven days from today and if such an application is filed, the same shall be decided within a further period of 45 days, strictly in accordance with law.

With the aforesaid observation, the application is disposed off.

(Shree Prakash Singh,J.)

March 31, 2026

Ram Murti