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2025 DAILYLAW 107210 (ALL)

KANHAIYA LAL PATHAK AND ANOTHER v. STATE OF U.P. AND ANOTHER

CRLR/5854/2024 · 2025-05-13

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79335 Court No. - 82 Case :- CRIMINAL REVISION No. - 5854 of 2024 Revisionist :- Kanhaiya Lal Pathak And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Learned counsel appearing for the revisionists, at the very outset, submits that this criminal revision may be disposed of with liberty to the revisionists to file a fresh application for discharge as contemplated under Section 245(2) Cr.P.C., at an appropriate stage. 2. I have considered the submission advanced by the learned counsel appearing for the revisionists and I find that the trial court, vide impugned order dated 7.9.2024, had rejected the revisionists' application filed for discharge on the ground that the evidence is yet to be recorded therefore, it is not an appropriate stage for discharge. 3. In view of the aforesaid reasons, this criminal revision is disposed of with liberty to the revisionists to file a fresh application under Section 245(2) Cr.P.C., at an appropriate stage. Order Date :- 14.5.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad