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2025 DAILYLAW 119353 (ALL)

SHESH NARAYAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

/684/2025 · 2025-01-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6945 Court No. - 12 Case :- APPLICATION U/S 482 No. - 684 of 2025 Applicant :- Shesh Narayan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Vijay Kumar Tiwari,Km. Niharika Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants, learned AGA for the State as well as perused the record. 2. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the false, fabricated and concocted impugned order dated 03.09.2024 passed by the learned Apar District and Session Judge Court no. 3 Gonda in Criminal Revision no. 152 of 2024, CNR No. UPGD-010017212024, Ajay Kumar and another versus State of U.P. and others as well as the impugned order dated 06.03.2024, passed by learned Apar Chief Judicial Magistrate First Gonda in criminal case no. 524 of 2021, State of U.P. versus Sheetla Prasad and others in respect of case crime no. 374 of 2020, under section 419, 420, 468 I.P.C. police station Tarabganj, district Gonda contained in Annexure No. 1 and 2 to the petition and further be pleased to allow the discharge application filed by the petitioners in the interest of justice." 3. The statement(s) recorded before the Registrar in the proceedings under Section 40 of the Registration Act including the statement of the applicant have not been brought on record. 4. Accordingly, this application is rejected with liberty to file a fresh. 5. The certified copy of the impugned order or any other certified document filed along with the application shall be returned to the learned counsel for the applicants by retaining a photocopy of the same on record. Order Date :- 31.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench