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2025 DAILYLAW 125936 (ALL)

ABDUL ALEEM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1908/2025 · 2025-03-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14204 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1908 of 2025 Applicant :- Abdul Aleem And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Manoj Kumar Yadav 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 Sri R.P. Mishra, Advocate alongwith Sri Aditya Mishra, Advocate, who has filed Vaklatnama on behalf of the private opposite party in the Court today, which is taken on record. By means of the instant application, the applicants have impeached the order dated 13.02.2025 passed by the Chief Judicial Magistrate, District- Balrampur (in short "Magistrate") in Case No. 503 of 2024 (State vs. Abdul Khalil and others) arising out of Case Crime No. 34 of 2024, under Sections 420, 467, 468, 471, 120-B IPC, Police Station- Kotwali Dehat, District- Balrampur. Vide order impugned dated 13.02.2025, the Magistrate has rejected the application preferred by the accused-applicant for summoning of record for the purposes of disposal of the discharge application. As per law, the application seeking discharge can be considered and decided on the basis of material placed by the Investigating Officer concerned alongwith report/charge sheet submitted. Taking note of the aforesaid, this Court finds no force in the instant application. It is accordingly dismissed. Order Date :- 7.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench