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2025 DAILYLAW 118495 (ALL)

SACHIN PANDEY @ SOHIT PANDEY @ SWAHIT PANDEY v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO AND ANOTHER

A482/460/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3738 Court No. - 12 Case :- APPLICATION U/S 482 No. - 460 of 2025 Applicant :- Sachin Pandey @ Sohit Pandey @ Swahit Pandey Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko And Another Counsel for Applicant :- Anamika Singh,Sudha Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Ms. Anamika Singh, learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. The present application has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 29/03/2023 along with chargesheet dated 12/03/2023 in 'State Vs Sachin Pandey & Ors' arising out of FIR No. 224/2022, under sections 504, 506, 354, 452, 376D IPC, P.S Kadipur, District Sultanpur, currently pending before Learned Additional Chief Judicial Magistrate-III, Court No. 19, Sultanpur, as contained in Annexure-1 and 2 to this Petition. To stay the further proceeding in case bearing 'State Vs Sachin Pandey & Ors' arising out of FIR No. 224/2022, under sections 504, 506, 354, 452, 376D IPC, P.S Kadipur, District Sultanpur, currently pending before Learned Additional Chief Judicial Magistrate-III, Court No. 19, Sultanpur, during the pendency of this Petition before this Hon'ble Court in the interest of justice." At the very outset, learned counsel for the applicant submitted that the applicant may be permitted to move discharge application before the court concerned, which may be directed to be decided expeditiously. To the aforesaid, there is no objection. Accordingly, the instant application is disposed of with liberty to the applicant to prefer an application for discharge before the court concerned, which shall be considered and decided by the trial court/court concerned expeditiously, in accordance with law, by means of reasoned and speaking order. With the aforesaid, the instant application is disposed of finally. Order Date :- 21.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench