Allahabad High Court
A482/9085/2025 of MOHD. KAMAR @ MOHAMMAD QAMAR KHAN Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER on 13 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9085 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9085 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicant, 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 impugned charge-sheet dated 21.03.2024 arising out of Case Crime No. 113/2021, under Section 135 Indian Electricity (Amendment) Act, 2003, Police Station Ante Power Theft Amethi, District Amethi as well as summoning/cognizance order dated 01.08.2024 passed by learned Additional Sessions Judge (Essential Commodities Act), Court No. 4, Sultanpur in Criminal Case No. 642/2024 (State Vs. Mohd. Kamar), including entire proceedings thereof. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant 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 applicant 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 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 applicant submits that interest of justice would be sub-served, if this Court directs the trial court to permit the applicant to appear before the court below and file an application for discharge. He further submits that the trial court 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 applicant is permitted to file an application for discharge through counsel before the court below within a period of two Versus Counsel for Applicant(s) : Anil Kumar Mishra, Ram Bahadur Maurya Counsel for Opposite Party(s) : G.A. Mohd. Kamar @ Mohammad Qamar Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
weeks from today and if such an application is filed, the same shall be considered and decided as expeditiously as possible, strictly in accordance with law. With the aforesaid observation, the application is disposed of.
November 13, 2025 Arvind A482 No. 9085 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench