SUSHIL KUMAR MISHRA @ BUDDHU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2535/2025 · 2025-04-18
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22060 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2535 of 2025 Applicant :- Sushil Kumar Mishra @ Buddhu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with the following main relief:-
"Wherefore, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set aside/quash the entire proceedings of Case No. 1031/2016 (State versus Sushil Kumar Mishra & others) arising out of Case Crime No. 0419 of 2014, under Section- 419 & 420 of IPC relating to Police Station- Kotwali Bikapur, District Faizabad Now Ayodhya as well as impugned charge-sheet no. 120/2015, dated 30.07.2015 submitted by the investigating officer against the applicant/petitioner in aforesaid Case Crime No. 0419 of 2015 as well as cognizance order dated 06.05.2016, passed by the learned Additional Chief Judicial Magistrate-III, Faizabad by which the learned court below has taken the cognizance against the applicant/petitioner for facing of trial under the said sections and same is pending before the court of Civil Judge (Senior Division)-III/Additional Chief Judicial Magistrate, Ayodhya, as contained in Annexure No. 1 and 2 respectively to this petition, in the interest of justice." After arguing at some length, learned counsel for the applicant has submitted that the applicant do not want to press the present case as such, it may be dismissed as not pressed with liberty to move a discharge application before the Court concerned. As such, the present application is dismissed as not pressed with liberty to the applicant to move discharge application before the court concerned. If any such application is preferred, the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment. It would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant files discharge application, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 18.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench