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2025 DAILYLAW 136530 (ALL)

PAPPU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3578/2025 · 2025-04-30

Alok Mathur

body2025

Judgment text

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 3578 of 2025 Applicant :- Pappu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. Heard learned counsel for the parties and perused the record. By means of the present petition the petitioners have prayed to quash the summoning order dated 02.4.2025 passed by learned Civil Judge (Junior Division) FTC Bahraich in case no.14544/2023 under sections 376 D IPC, police station - Baundi, District Bahraich [Rooprani vs. Gomti and Others] and a further prayer has been made to pass the stay order in the entire criminal proceedings bearing case no.14544/2023, under section 376 D IPC, police station - Baundi, District Bahraich. Learned counsel for the petitioners submits that they would like to file an application for discharge under the provisions of CrPC to which learned counsel for the State does not have any objection. Accordingly, the petitioners are granted liberty to file an application in conformity with the provisions of CrPC 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 through his counsel. Till expiry of forty days no coercive steps shall be taken against petitioners. With the aforesaid observations, the petition stands disposed of. Order Date :- 30.4.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench