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2025 DAILYLAW 117166 (ALL)

JAVED KHAN @ MAHESH KHAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/337/2025 · 2025-01-28

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5792 Court No. - 30 Case :- APPLICATION U/S 482 No. - 337 of 2025 Applicant :- Javed Khan @ Mahesh Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjiv Kumar Singh,Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A.,Nripendra Mishra Hon'ble Om Prakash Shukla,J. 1. Supplementary affidavit filed today in the Court by learned Counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 3. The instant Application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been moved by the applicants with a prayer to quash the entire criminal proceeding of Complaint No.862/2019; Mangal vs. Javed and Others, Police Station-Mahipur, District-Shravasti with a further prayer to quash the summoning order dated 18.12.2024 passed by learned Chief Judicial Magistrate, Shravasti in Complaint No.862/2019. 4. After arguing for sometime, learned counsel for the applicants submits that he does not want to press this application with liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner. 5. Accordingly, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned court within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. 6. With the aforesaid directions, this application is finally disposed of. [Om Prakash Shukla, J.] Order Date :- 28.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench