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2025 DAILYLAW 129895 (ALL)

MOHD. SALMAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/236/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19679 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 236 of 2025 Applicant :- Mohd. Salman Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prabhat Kumar Mishra,Abdul Ahad,Jatin Raheja,Shobhit Harsh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record. 2. Present application has been preferred under Section 528 BNSS with the following main reliefs:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application under 482 Cr.P.C. now U/s 528 BNSS, 2023 and quash the entire criminal proceedings of Crl. Misc Case No. 20918/2025 (CNR No. UPLK040235082025), arising out of Case Crime No. 301/2024, (State Of U.P. Versus Salman and Others) pending in the Court of Additional Chief Judicial Magistrate, Court No.26, Lucknow, District - Lucknow, Under Section 376,323,504,506 I.P.C., 1860, Police Station- Indira Nagar, District passed against the applicant in the interest of justice. It is further respectfully prayed that this Hon'ble Court may graciously be pleased to stay the operation and implementation of the summoning order dated 23.01.2025 passed by the Court of Additional Chief Judicial Magistrate, Court No.26, Lucknow, District - Lucknow, in Crl. Misc Case No. 20918/2025 (CNR No. UPLK040235082025), arising out of Case Crime No. 301/2024, (State Of U.P. Versus Salman and Others) pending in the Court of Additional Chief Judicial Magistrate, Court No.26, Lucknow, District Lucknow, Under Section 376,323,504,506 I.P.C., 1860, Police Station- Indira Nagar, District - Lucknow, passed against the applicant during pendency of this petition in the interest of justice." 3. After arguing at some length, learned counsel for the applicant has submitted that the applicant does 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. 4. 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 court concerned shall decide it expeditiously in accordance with law, if there is no any other legal impediment. Order Date :- 8.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench