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2025 DAILYLAW 127824 (ALL)

MOHAMMAD TARIKH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/2440/2025 · 2025-03-19

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15799 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2440 of 2025 Applicant :- Mohammad Tarikh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Riyaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following main relief:- "In view of the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash/set aside the impugned charge sheet No. 1 dated 16/02/2023 filed in FIR No. 0721/2022 under section 457, 380, 411 I.P.C. Police Station- Kotwali Nagar, District Raebareli and to quash/set aside the impugned summoning order dated 18/10/2023 passed by Chief Judicial Magistrate Raebareli in criminal case No. 20236/2023 (State Vs. Tarik And others) contained as Annexure No. 1 & 2 to the affidavit in the interest of justice. It is interim prayed that this Hon'ble court may kindly be pleased to stay the proceedings of criminal case No. 20236/2023 in FIR No. 0721/2022 U/S 457, 380, 411 I.P.C. Police Station-Kotwali Nagar, District Raebareli pending in the court of Chief Judicial Magistrate, Raebareli during the pendency of this application in the interest of justice." Learned counsel for the applicant, after arguing at some length, has submitted that the applicants may be permitted to withdraw the present applicants with liberty to file a discharge application before the trial court. As such, the present application is dismissed as not pressed with liberty to the applicant to move a discharge application before the court concerned. If any such application is moved, it is expected that the trial court shall decide the same expeditiously, in accordance with law. Order Date :- 19.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench