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Allahabad High Court · body

2025 DAILYLAW 124340 (ALL)

MERAJ KHAN v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/1589/2025 · 2025-02-19

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 1589 of 2025 Applicant :- Meraj Khan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Syed Mohd. Kashif,Sheikh Mohammad Ali Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present application has been filed against the non-bailable warrant order dated 1.2.2025 as well as the summoning order dated 27.9.2024 passed by learned Chief Judicial Magistrate, Sitapur in Complaint NO.1941 of 2024 (Jameel Ahmad vs,. Anwar Ali and another. Heard learned counsel for the applicant and learned A.G.A. for the respondent State. Notice to respondent no.2 is dispensed with in view of the proposed order. Perused the record so also the impugned order dated 27.9.2024. From perusal of the statement of the complainant under section 200 CrPC and the statement of the witnesses under section 202 CrPC, commission of cognizable offence is made out. There appears to be no illegality in the order impugned. At this stage, he submits that he does not want to press this application. He seeks liberty to move discharge application through counsel before the learned court below in a time bound period. In view of the above, the application is dismissed. However, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days' from today, the same shall be considered and decided in accordance with law, by the concerned Court below preferably within a period of four months, thereafter. It is made clear that in case, no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicant. Order Date :- 19.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench