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2025 DAILYLAW 125499 (ALL)

KHURSHEED AHMAD AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND 2 OTHERS

A482/2776/2025 · 2025-04-18

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21872 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2776 of 2025 Applicant :- Khursheed Ahmad And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And 2 Others Counsel for Applicant :- Kamlesh Kumar,Tahiruzzama Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard Sri Kamlesh Kumar, learned counsel for the applicant and learned A.G.A. for the State. The present application has been filed challenging the orders dated 11.01.2023 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 6570 of 2021 (State of U. P. Vs. Khurshid Ahmad And Others), arising out of Case Crime No. 132 of 2019, registered under Sections 63/ 66 of the Copyright Act (Amendment), 1957 at Police Station- Hanswar, District- Ambedkar Nagar and against the order dated 31.01.2025 passed by the Additional Sessions (Fast Track Court-I), Ambedkar Nagar in Criminal Revision No. 6 of 2023 (Computer No. 7 of 2023) affirming the order of the Magistrate. The order dated 11.01.2023 has been passed rejecting the application filed by the applicant under Section 239 CrPC for discharge. A perusal of the records shows that wrapper and sacks of J.K. Wall Putti were seized from the possession of the applicant. The courts below have held that there was sufficient evidence to frame the charges against the applicant and it was not the case for discharge under Section 239 CrPC. There is no illegality in the orders passed by the courts below. With the aforesaid reasons, the application is dismissed. Order Date :- 18.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench