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2025 DAILYLAW 14376 (ALL)

MAHANT SHIVANAND CHELA MAHANT PRAKASH NAND v. STATE OF U.P. AND ANOTHER

A482/38921/2016 · 2025-06-30

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.170) Neutral Citation No. - 2025:AHC:101592 Court No. - 78 Case :- APPLICATION U/S 482 No. - 38921 of 2016 Applicant :- Mahant Shivanand Chela Mahant Prakash Nand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Laloriya,Jai Govind Upadhyay,Pankaj Saksena,Ram Akbal Upadhyay Counsel for Opposite Party :- Ashwini Kumar Mishra,Dheeraj Kumar Pandey,G.A.,Kripa Shankar Shukla Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Jai Govind Upadhyay, learned counsel for the applicant, Shri Kripa Shankar Shukla, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State. 2. Learned counsel for the opposite party no. 2 submits that the opposite party no. 2, the complainant has already died and in view of the aforesaid development since the offence alleged against the applicant herein are non cognizable offences, therefore the provisions of Section 249 Cr.P.C. are applicable in this case. 3. In view of the above, the instant application is disposed of with liberty to the applicant in this case to file an application under section 249 Cr.P.C. for his discharge from the instant case. Order Date :- 1.7.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad