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2025 DAILYLAW 137173 (ALL)

NOOR AHMAD ALIAS NEEL v. STATE OF U.P. THRU. SECY. HOME CIVIL SECTT. LKO AND 2 OTHERS

A482/4185/2024 · 2025-03-07

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14254 Court No. - 30 Case :- APPLICATION U/S 482 No. - 4185 of 2024 Applicant :- Noor Ahmad Alias Neel Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And 2 Others Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A.,Kavita Yadav Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed with the following main prayer:- "To quash/set-aside the entire criminal proceeding including summoning order dated 18.3.2024 passed by Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Bahraich in Criminal Case No.7043/2024 (State Versus Noor Ahmad), relating to Case Crime No. 36/2024 registered at P.S. Dargah Sharif, District Bahraich and the charge sheet dated 14.02.2024 submitted by the investigating officer under section 506 IPC, as contained as Annexure No. 1&2 to this petition." 3. After arguing for sometime, learned counsel for the petitioners submits that he does not want to press this application with 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 petitioners 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. Order Date :- 7.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench