ARJUN YADAV @ ARJUN KUMAR YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/941/2025 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121128 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7009 Court No. - 12 Case :- APPLICATION U/S 482 No. - 941 of 2025 Applicant :- Arjun Yadav @ Arjun Kumar Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The instant application has been preferred seeking following main relief(s) :-
"For the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Order dated 11/12/2024, in Criminal Case No. 4433 of 2023, (State Vs Girija Shankar Yadav and others), pending before the Learned Civil Judge (J.D), Court No. 24, District- Pratapgarh, passed by Learned Civil Judge (J.D), Court No. 24, District- Pratapgarh, under section 323, 325, 504, 506, 308, 452, 427, 34 IPC, in Criminal Case 4433 of 2023 (State Vs Girija Shankar Yadav and others), thereof as contained in Annexure No. 2 to this Application under section 482 Cr.P.C./528 BNSS." Taking note of the fact that earlier APPLICATION U/S 482 No. 130 of 2025 (Girija Shankar @ Girija Shankar Yadav And 3 Others vs. State Of U.P. Thru. Prin. Secy. Home Lko.) filed by the applicants challenging the charge sheet dated 28.12.2022 as well as cognizance/summoning order dated 22.02.2023 passed by Judicial Magistrate, Pratapgarh, in Case Crime No. 0254 of 2022, under Sections 323, 325, 504, 506, 308, 452, 427, 34 IPC, Police Station- Maheshganj, Districit- Pratapgarh has been dismissed by this Court vide order dated 09.01.2025, this Court is not inclined to entertain the present application filed by the applicants challenging the order dated 11.12.2024 passed in Criminal Case No. 4433 of 2023 arising out of Case Crime No. 0254 of 2022. In view of aforesaid, the instant application is dismissed. However, it is open for the applicants to seek the benefit of the Judgement passed by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. Order Date :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench