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2025 DAILYLAW 128832 (ALL)

SURESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/2447/2025 · 2025-03-19

Manish Kumar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15826 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2447 of 2025 Applicant :- Suresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Deepansi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present application has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with the following main relief:-. "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No.91/2024, dated 05.05.2024 as well as summoning order dated 30.01.2025, in Case No. 1362/2025, titled as State Vs. Suresh and others) arising out of Case Crime No.0089/2024, under section 147, 323, 504, 506 IPC, Police Station-Jagatpur, District-Raibareli, pending in the court of Learned Additional Civil Judge (J.D.)-II, Raibareli, against the Petitioner, contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of pending Case No. 1362/2025, titled as State Vs. Suresh and others arising out of Case Crime No.0089/2024, under section 147, 323, 504, 506 IPC, Police Station-Jagatpur, District-Raibareli, pending in the court of Learned Additional Civil Judge (J.D.)-II, Raibareli, in the interest of justice." Learned counsel for the applicant has submitted that applicant has wrongly been implicated in the present case alongwith other co-accused persons as the applicant was not present at the place of occurrence i.e. district Raibareli in-fact he was in Jammu. Learned counsel for the applicant is taking the plea of alibi in the proceedings under Section 482 Cr.P.C./528 B.N.S.S. for which evidences are required to be adduced and this Court under Sections 482 Cr.P.C./528 B.N.S.S. cannot hold a mini trial. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present case and the same may be dismissed as not pressed with liberty to the applicant to move a discharge application before the court concerned where the charge-sheet has already been filed. As such, the present application is dismissed as not pressed with liberty to move a discharge application before the court concerned, in accordance with law. Order Date :- 19.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench