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2025 DAILYLAW 132593 (ALL)

DEENA NATH @ GHUTTU AND 4 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3012/2025 · 2025-04-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19678 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3012 of 2025 Applicant :- Deena Nath @ Ghuttu And 4 Others Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arun Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioners 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 quashing the impugned order dated 07.03.2025 passed by learned Sessions Judge, Shrawasti, in Criminal Revision No.19 of 2024, Shivkumar @ Gabbu & others vs. State of U.P. and another, as well as impugned order dated 09.02.2024 passed by learned Additional Chief Judicial Magistrate, Shrawasti in Complaint Case No.3030/2023, Habib vs. Shivkumar and others, under Sections 452, 323, 325, 504 IPC, Police Station - Malhipur, District - Shrawasti. 3. Learned counsel for the petitioners 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 petitioners are 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 petitioners are also granted liberty to appear before the trial court through their 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 :- 8.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench