Disposed

Krishna Kumar @ Krishna Kumar Jaiswal v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC8 Dec 2025A482/10350/2025

Case brief

AI extract

What is this about?

Applicant sought quashing of a chargesheet dated 19-10-2023 and cognizance/summoning order dated 14-08-2024 arising from FIR under Sections 406/420 IPC. Without deciding on merits, the Court disposed of the application with liberty to move a discharge application before the trial court.

What did the court decide?

Liberty granted to applicant to file a discharge application before the court concerned, to be decided expeditiously in light of cited Supreme Court pronouncements.

Krishna Kumar @ Krishna Kumar Jaiswal vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 10350 of 2025

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Krishna Kumar @ Krishna Kumar Jaiswal

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Secy. Home Lko. And Another

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.....Opposite Party(s) Counsel for Applicant(s) : Veer Bahadur Lal Srivasta, Alok Kumar Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The present application has been filed for the following main relief(s):-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impunged Chargesheet dated 19-10-2023 along with impugned cognizance/summoning order dated 14-08-2024 and along with its all the consequential proceedings against the petitioner in Criminal Case No. - 76820 of 2024 title as "State of U.P. versus Saroj Devi Jalan & Others" arisen out of FIR/Crime No. 0368 of 2023, Under Sections - 406 / 420 I.P.C., Police Station Gomtinagar, Lucknow East, Police Commissionerate, Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow; and/or may pass such other and further order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case so as to meet the ends of justice."

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At the very outset, learned counsel for the applicant has submitted that without acceding the main prayer(s) sought in the application, the instant application may be disposed of with liberty to applicant to prefer discharge application, which may be directed to be decided by the Court concerned most expeditiously after taking note of settled proposition of law on the issue including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690 .

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To the aforesaid, there is no objection.

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Accordingly, the instant application is disposed of with liberty to applicant to prefer discharge application before the Court concerned which shall be considered and decided most expeditiously by the Court concerned after taking note of observations made in various pronouncements including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (supra) .

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With the aforesaid, the application is disposed of finally .

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December 8, 2025 Arun/- (Saurabh Lavania,J.)

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar @ Krishna Kumar Jaiswal v. State of U.P. Thru. Secy. Home Lko. and Another

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Krishna Kumar @ Krishna Kumar Jaiswal v. State of U.P. Thru. Secy. Home Lko. and Another

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