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2025 DAILYLAW 130094 (ALL)

MAST RAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. U.P. AND ANOTHER

A482/2657/2025 · 2025-03-27

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17586 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2657 of 2025 Applicant :- Mast Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. U.P. And Another Counsel for Applicant :- Indu Prakash Singh,Aradhana Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner as well as learned Additional Government Advocate and perused the record. 2. By means of this petition preferred under Section 482 Cr.P.C., the petitioner has prayed for setting aside the Bailable Warrant dated 11.02.2025 as well as impugned summoning order dated 21.10.20214 and entire proceeding of Compliant Case No.628 of 2023, under Section 376 IPC, Police Station - Boundi, District - Bahraich, pending in the court of learned Civil Judge, Junior Division / FTC/ Additional Chief Judicial Magistrate, Bahraich. 3. Learned counsel for the petitioner submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection. 4. Accordingly, the petitioner is granted liberty to file an application in conformity with the provisions of Cr.P.C., within a period of ten days from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of thirty days thereafter in accordance with law. The petitioner is also granted liberty to appear through his counsel. Till expiry of forty days, no coercive steps shall be taken against him. 5. With the aforesaid observations / directions, the petition stands disposed of. [Alok Mathur,J.] Order Date :- 27.3.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench