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2025 DAILYLAW 128138 (ALL)

MUSHARRAF MIYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2288/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15194 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2288 of 2025 Applicant :- Musharraf Miyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Durgesh Vijay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash entire proceeding of aside the proceeding of Section 87 of B.N.S.S.2023 (Section 87 Anusuchi-5 Prapatra No.4) dated 25.11.2024 issued by the A.C.J. (S.D.) Court No.24/A.C.J.M. Lucknow, arising out of F.I.R. No.0663/2023 under Sections 419, 420, 467, 468, 471 IPC at Police Station Thakurganj, District Lucknow Pashchimi (Commissionerate, Lucknow), in the interest of justice." Taking note of the facts of the case including the notice under challenge as also the ground for challenging the notice, which is to the effect that house no.450/49, Malqi Street, Muftiganj, Thakurganj, Lucknow belongs to the applicant, who is also one of the accused in F.I.R. No.0663/2023 dated 26.09.2023, at Police Station Thakurganj, District Lucknow Pashchimi (Commissionerate, Lucknow), under Sections 419, 420, 467, 468, 471 IPC as also the relevant provisions of BNSS namely Section(s) 84 to 89, including Section 87 of BNSS, this Court is not inclined to entertain the present application. Accordingly, the present application is dismissed. Order Date :- 12.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench