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2025 DAILYLAW 133542 (ALL)

SHIVAM BARANWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3124/2025 · 2025-04-16

Alok Mathur

body2025

Judgment text

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 3124 of 2025 Applicant :- Shivam Baranwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Fuhar Gupta,Prashant Kumar,Sudeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Sudeep Kumar, learned counsel for applicant as well as learned A.G.A. for State and Sri Pranjal Krishna Advocate who has filed Vakalatnama on behalf of respondent No. 2 which is taken on record. 2. The present application under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.c. has been filed by the appellant for quashing the order dated 01.10.2024 passed by Chief Judicial Magistrate, Lucknow in Case No. 36159 of 2024 (Vineet Goyal Vs. Shivam Baranwal and Ors.) whereby the Chief Judicial Magistrate, Lucknow has issued summoning order against the applicant U/S 406 of IPC and he has been summoned as accused to appeal before him and to drop the entire criminal proceedings in respect of the Case No. 36159 of 2024 (Vineet Goayl Vs. Shivam Baranwal and Ors.) whereby the Chief Judicial Magistrate, Lucknow has issued summoning order against the applicant U/S 406 of I.P.C. 3. After arguing for sometime, learned counsel for the appellants submits that he does not want to press this appeal and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner. 4. Accordingly, it is provided that in case, the appellants move an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. 5. With the aforesaid directions, this petition is finally disposed of. (Alok Mathur, J.) Order Date :- 16.4.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench