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2025 DAILYLAW 141219 (ALL)

MUJAMMIL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND 3 OTHERS

A482/4276/2025 · 2025-06-02

Rajnish Kumar

body2025

Judgment text

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Court No. - 11 Case :- APPLICATION U/S 482 No. - 4276 of 2025 Applicant :- Mujammil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Shri Ajey Singh, learned counsel for the applicant and learned AGA. This petition under Section 482 Cr.P.C. now Section 528 B.N.S.S. has been filed challenging the summoning order as well as the entire proceedings of Special Criminal Case No. 607 of 2023, State of Uttar Pradesh vs. Mujammil, arising out of impugned chargesheet No A-98/3, dated 05.04.2023 in Case Crime No. 0075/2023, under Sections 376(3), 504, 506 I.P.C. and Section 5(j)(2)/6 POCSO Act, Police Station Dargah Sharif, District Bahraich on the ground that the DNA report is in favour of the applicant. However, on a query, learned counsel for the applicant submits that discharge application was moved before the trial court, which has been rejected. On the preliminary objection raised by learned AGA that this petition without challenging the order passed on the discharge application by the lower court is maintainable, learned counsel for the applicant submits that the petition may dismissed as not pressed with liberty to avail the appropriate remedy as may be available under law. To which there is no objection by learned AGA. In view of above, the petition is dismissed as not pressed with liberty as prayed for. As prayed by learned counsel for the petitioner, Office is directed to return the certified copy/copies of the documents annexed with the petition as per Rules of the Court, after keeping photocopy on record. Order Date :- 2.6.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench