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2025 DAILYLAW 142090 (ALL)

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

A482/4529/2025 · 2025-05-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:32238 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4529 of 2025 Applicant :- Fool Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. By means of present petition under Section 482 Cr.P.C. (Now under Section 528 of B.N.S.S., 2023), the petitioner has challenged the entire proceedings of the Complaint Case No. 147 of 2022 " Shiv Ram Versus Phool Chandra" under Sections 323, 392, 504, 506, 427 IPC, Police Station Tarun, District Ayodhya, pending in the court of Additional Chief Judicial Magistrate- IInd, Faizabad/ Ayodhya and impugned summoning order dated 16.3.2024. 3. After arguing for sometime, learned counsel for the petitioner submits that he does not want to press this petition 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 view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021", to which learned A.G.A. has no objection. 4. Accordingly, it is provided that in case, the petitioner moves 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 in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", by the concerned trial court. 5. With the aforesaid directions, this petition is finally disposed of. (Alok Mathur, J.) Order Date :- 28.5.2025/Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench