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2025 DAILYLAW 133323 (ALL)

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

A482/3250/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Court No. - 14 Case :- APPLICATION U/S 482 No. - 3250 of 2025 Applicant :- Rakesh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh,Santosh K. Singh Raghuvanshi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 18.04.2017 issued by Chief Judicial Magistrate, Lucknow in case no. 392/2017, case crime no. 200/2014, under Sections 323, 504, 506 IPC, P.S. Hazratganj, District Lucknow, State vs. Rakesh Mishra, charge sheet no. 67/2014, dated 6.6.2014, along with entire criminal proceedings of the aforesaid case pending before the learned Chief Judicial Magistrate, Lucknow, as contained in Annexure No. 1 and 2 to this petition in the interest of justice." Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the summoning order dated 18.04.2017 has now been challenged in the year 2025, without explaining delay/laches. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application as dismissed as not pressed with liberty to file afresh explaining the delay/laches. In view of above, the present application is dismissed as not pressed with liberty, as aforesaid. Office is directed to return the certified copy of the relevant documents after retaining photostat copy of the same. Order Date :- 17.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench