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2025 DAILYLAW 137510 (ALL)

GULZAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/3686/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25861 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3686 of 2025 Applicant :- Gulzar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Mahfooz Alam Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- " Wherefore it is most respectfully to pray that the Hon'ble Court may graciously be pleased to prevent the abuse of process of law and secure the ends of justice, quash and set-aside the impugned Charge Sheet No. 01, dated 22/3/2017 arising out of Crime No. 534 of 2016 U/S 279/338/304-A I.P.C. P.S.-Ganga Ghaat, District-Unnao contained as Annexure No. 01 to this petition, along with its Performa type order of taking Cognizance dated 01/01/2019 whereby the learned Magistrate has taken cognizance against the petitioner to face Criminal Trial Contained as Annexure No. 02 to this petition, and also to quash the entire proceedings of Criminal Case No. 1575 of 2019, arising out of Crime No. 534 of 2016 (State Vs Gulzar Qureshi) U/S 279/338/304-A I.P.C., P.S. Ganga Ghaat, District Unnao pending in the Court of Chief Judicial Magistrate, Unnao." 3. After arguing at some length, learned counsel for the applicant has submitted that the present application may be disposed of with liberty to the applicant to move a discharge application before the court concerned and if any such application is moved, the same may be decided expeditiously. 4. As such, the present application under Section 482 Cr.P.C is disposed of with liberty to the applicant to move a discharge application before the court concerned. If any such application is preferred, the court concerned shall decide it expeditiously, in accordance with law, if there is no other legal impediment. Order Date :- 5.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench