UPENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2104/2025 · 2025-03-07
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 127212 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 127212 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13952 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2104 of 2025 Applicant :- Upendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anuj Kumar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023), has been filed by the applicant Upendra Kumar for quashing of the entire proceedings of State vs. Upendra Kumar, arising out of Case Crime No.110 of 2024 under Section 376/323/504/506 I.P.C., Police Station-Biswan, District-Sitapur which is pending before learned Additional Civil Judge (Senior Division) 2nd/ACJM, Sitapur as well as the impugned charge sheet No.153/2024 dated 17.04.2024 as well as the impugned cognizance order dated 14.11.2024.
3. After arguing for sometime, learned counsel for the petitioners submits that he does not want to press this application with liberty to move an application for discharge before the trial court and the same may be decided by the learned trial court in a time bound manner.
4. Accordingly, it is provided that in case, the petitioners move an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court.
5. With the aforesaid directions, this petition is finally disposed of. (Om Prakash Shukla, J.) Order Date :- 7.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench