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2025 DAILYLAW 137760 (ALL)

PAPPU GUPTA @ OM PRAKASH GUPTA @ ASHOK KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/386/2025 · 2025-05-15

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28632 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 386 of 2025 Applicant :- Pappu Gupta @ Om Prakash Gupta @ Ashok Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Uttam Kumar Awasthi,Prakash Chandra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 28.04.2023 passed by Chief Judicial Magistrate Hardoi in criminal case no. 11150/2023 State Vs. Pappu alias Om Prakash arising out of case crime no. 895/2022 under section 3/4 of The Public Gambling Act of 1867 P.S. Kotwali City District Hardoi alongwith impugned chargesheet no. 825/2022 dated 15.12.2022 and also entire criminal proceeding of the aforesaid case pending before learned court below, as contained in Annexure No. 1 and 2 to this petition in the interest of justice." 3. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that liberty may be given to the applicant to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. In view of above, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no other legal impediment. Order Date :- 15.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench