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2025 DAILYLAW 128672 (ALL)

OM PRAKASH MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3082/2024 · 2025-05-21

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30388 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3082 of 2024 Applicant :- Om Prakash Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prabhaat Kumar Tripathi,Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A.,Ravindra Shukla Hon'ble Alok Mathur,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., has been filed by the applicants for quashing the impugned order dated 2.3.2023 passed in complaint case No.6840 of 2023 (Smt. Sarita @ Baby Srivastava VS. Atul Prakash Mishra @ Pandit Saxena and others) under Section 180 Cr.P.C. as well as proceedings of complaint Case No.1356 of 2019 (Smt. Sarita @ Baby Srivastava Vs. Atul Prakash Mishra @ Pandit Saxena and others) treated under Section 180 Cr.P.C. pending before Additional Civil Judge (Aa. Kha)/Judicial Magistrate, room No.28, Sultanpur. 3. After arguing for sometime, learned counsel for the applicants submits that he does not want to press this application and seeks liberty to move an application for discharge through counsel 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 applicants move an appropriate application for discharge through counsel before the concerned Court 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. (Alok Mathur, J.) Order Date :- 21.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench