RAJENDRA KUMAR GUPTA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
A482/2451/2025 · 2025-03-19
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127813 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15850 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2451 of 2025 Applicant :- Rajendra Kumar Gupta And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Hari Shanker Tewari,Ajay Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been preferred with a prayer to set aside the impugned
order dated 13.02.2024 passed by the Chief Judicial Magistrate, Room No. 16, Sultanpur in Misc. Case No. 285 of 2023 " Soni Gupta vs. Rajendra Gupta and Ors." by means of which the protest application of the opposite party no. 2 has been allowed and the final report No. 01 dated 04.10.2022 submitted by the Police has been rejected and the petitioners have been summoned under Sections 376-D & 506 IPC after taking cognizance. After arguing at some length, learned counsel for the applicants has submitted that the present application may be disposed of with liberty to the applicants to move a discharge application before the court concerned. In view of above, the present application is disposed of with liberty to the applicants to avail the remedy as may be permissible under the law including for moving an application for discharge.
Order Date :- 19.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench