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2025 DAILYLAW 127220 (ALL)

JAGJEET SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 13 OTHERS

A482/2169/2025 · 2025-04-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20487 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2169 of 2025 Applicant :- Jagjeet Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 13 Others Counsel for Applicant :- Purnendu Chakravarty,Shivanshu Goswami Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present application has been filed under Section 482 Cr.P.C./528 B.N.S.S. with the following prayer:- "Wherefore, it is most respectfully prayed that Hon'ble Court may kindly by pleased to quash and set aside the impugned orders dated 17.05.2023, 08.06.2023 and 21.09.2024 passed by the learned Trial Court Additional District and Sessions Judge, Court Room No. 5, Lakhimpur Kheri in Sessions Trial No. 44/2022 (State V. Ashish Mishra alias Monu) arising out of Case Crime No. 219 of 2021 U/s 147, 148, 149, 302, 307, 326, 427, 120 B of IPC and Section 177 of MV Act Police Station Tikonia, District Lakhimpur Kheri and allow this application, they are annexure no. 1 and 2 and 3. " At the very outset, learned A.G.A. has raised a preliminary objection regarding maintainability of the present case on the ground that the impugned order dated 21.09.2024 by which the application of prosecution has been rejected relating to permitting the accused persons to rely upon the document which was filed alongwith the discharge application though the discharge application was rejected by the Court below. The applicant, who is the informant/complainant had never ever raised such objection before the court concerned and directly approached this Court challenging the impugned order dated 21.09.2024 whereby the application preferred by the prosecution has been rejected. After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application and the same may be dismissed as not pressed with liberty to move an appropriate application before the court concerned and the Court concerned may be directed to decide the same within the stipulated time fixed by this Court. As such, the present application is dismissed as not pressed with liberty to the applicant to move an application before the court concerned. In case, any such application is preferred in the Sessions Trial No. 44 of 2022 (State Vs. Ashish Mishra alias Monu and others), the same may be decided expeditiously, in accordance with law, in case there is no any other legal impediment after giving opportunity of hearing to the parties concerned and if any adjournment is unavoidable only short adjournment may be given. Order Date :- 11.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench