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2025 DAILYLAW 107356 (ALL)

IMRAN ALIAS JIVRAN ALI v. STATE OF U.P. AND ANOTHER

NA528/38958/2024 · 2025-02-05

Rajeev Misra

body2025

Judgment text

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Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 38958 of 2024 Applicant :- Imran Alias Jivran Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Mohd. Nadeem, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant- Imran Alias Jivran Ali who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 21.04.2024 as well as cognizance-cum-summoning order dated 14.06.2024 and entire proceeding of Session Trial No. 725 of 2024, State Vs. Imran alias Jivran Ali, under sections 376, 323, 504, 506, IPC, police station: Anwarganj, District: Kanpur Nagar arising out of Case Crime No. 29 of 2024 pending in the court of Additional Session Judge, Court No. 1,Kanpur Nagar. It is further be pleased to stay the further proceeding of Session Trial No. 725 of 2024, State Vs. Imran alias Jivran Ali, under sections 376, 323, 504, 506, IPC, police station: Anwarganj, District: Kanpur Nagar arising out of Case Crime No. 29 of 2024 pending in the court of Additional Session Judge, Court No. 1, Kanpur Nagar, and/or pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. After some arguments the learned counsel for applicant submits that discharge application filed by applicant in terms of Section 227 Cr.P.C. before Court below has already been rejected. Upon perusal of record, this court finds that the said fact has been clearly concealed in the present application. Moreover no challenge to the order passed by Court below, rejecting the discharge application, has been made in this application. In view of above, prayer prayed for by means of present application is misconceived. As a result, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 6.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad