AMIT KUMAR MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/3646/2025 · 2025-05-01
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136860 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136860 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25217 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3646 of 2025 Applicant :- Amit Kumar Mishra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- K.K. Singh,Vikas Chauhan Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed by the applicants for quashing the impugned order dated 10.1.2020 passed by Additional Chief Judicial Magistrate, Mohammadi, District Lakhimpur Kheir in Complaint Case No.71 of 2019 (Smt. Kavita Mishra Vs. Amit Kumar Mishra) under Sections 323, 504, 498A of IPC and 3/4 of Dowry Prohibition Act, as well as revisional order dated 25.2.2025.
3. After arguing for sometime, learned counsel for the applicant submits that he does not want to press this application 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 view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", to which learned A.G.A. has no objection.
4. Accordingly, it is provided that in case, the applicant moves 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 in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", by the concerned trial court.
5. With the aforesaid directions, this petition is finally disposed of. (Alok Mathur, J.) Order Date :- 1.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench