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2025 DAILYLAW 147683 (ALL)

MOHD. ALEEM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5223/2025 · 2025-07-01

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36876 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5223 of 2025 Applicant :- Mohd. Aleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohemmed Amir Naqvi,Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Abhishek Srivastava, learned counsel for the petitioner and learned AGA. Learned counsel for the petitioner submits that the petitioner has filed a revision against the order dated 27.02.2025 passed in Complaint Case No.896/2016(Old Case No.2882/2016) Abban versus Ajaz & Anr. under Section 406 IPC, Police Station Kotwali Nagar, District Bahraich alongwith application for stay of the proceedings of the court below. The revision has been admitted and the notices have been issued but no interim order has been passed. He further submits that the case is fixed tomorrow. However, on a query being put,learned counsel for the petitioner failed to indicate as to whether the application for interim relief was pressed on the previous dates before the concerned court or not. Considering the nature of order proposed to be passed, requirement of issuance of notice to the respondent no.2 is dispensed with. In view of above and without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move application for pressing his application for interim relief before the concerned court on the date fixed. In case any such application is moved, the concerned court shall proceed to consider the application for interim relief in accordance with law on the date fixed or expeditiously thereafter as it has been informed by learned counsel for the applicant that Vakalatnama has been filed on behalf of respondent no.2. Order Date :- 1.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench