MUNESH SINGH @ MUNESH v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
A482/3875/2025 · 2025-05-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138880 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138880 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26761
Court No. - 12 Case :- APPLICATION U/S 482 No. - 3875 of 2025 Applicant :- Munesh Singh @ Munesh Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar,Anurag Singh 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 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), has been filed by the applicant for quashing the impugned order dated 29.03.2025 passed by learned Additional Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act, 2012), Bahraich in Complaint Case No. 155 of 2024 (Gudiya Vs. Munesh), under Sections 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sujauli, District Bhariach whereby the applicant has been issued summoning order to face the trial and also for quashing the entire proceedings of the aforesaid complaint case.
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 a time bound manner.
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 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. . (Alok Mathur, J.) Order Date :- 7.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench