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2025 DAILYLAW 118397 (ALL)

KISHORE @ KISHORE KUMAR v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME, LKO. AND ANOTHER

A482/568/2025 · 2025-01-23

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 568 of 2025 Applicant :- Kishore @ Kishore Kumar Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner as well as learned AGA for the State. Notice to respondent no. 2 is dispensed with, in view of the proposed order. Learned counsel for the petitioner submits that the trial court, while passing the impugned orders dated 04.11.2024 in Case Nos. 262/2022 and 801/2022, titled "Jaswant Kaur Vs. Kishore Kumar," has failed to conclusively decide the discharge application. Although the trial court discussed the facts of the case in detail, it did not clearly state whether the discharge application was allowed or rejected. Therefore, learned counsel for the petitioner prays that the matter be remanded to the trial court for a fresh decision. Perused the record. Perusal of the impugned orders shows that although the learned trial court has elaborated the material available on record in detail, however, no conclusion has been drawn as to whether the applications for discharge has been entertained or declined. Accordingly, in the interest of justice, the impugned orders dated 04.11.2024 passed by the Additional Chief Judicial Magistrate, Court No. 2, Lakhimpur Kheri, in Case Nos. 262/2022 and 801/2022, are set aside. The matter is remanded to the trial court to pass a fresh order in accordance with law within one month from the date of production of a certified copy of this order. The petition is disposed of. It is made clear that this Court has not entered into the merit of the impugned orders. Order Date :- 23.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench