VISHWANATH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5648/2025 · 2025-07-16
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40690 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5648 of 2025 Applicant :- Vishwanath And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh K. Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Rakesh Kumar Tripatrhi, learned counsel for the applicants and learned A.G.A. for the State. The sole argument advanced by learned counsel for the applicants is that the evidence filed by the applicant alongwith application for discharge has not been considered by the trial court as well as the revisional court, whereas it is settled law that while considering the application for discharge any plea or evidence of the accused cannot be considered. The application for discharge is to be considered only on the basis of the material placed on record by the prosecution and no fault could be pointed out in the same. In view of the above, this Court does not find any illegality or infirmity in the impugned order which may call for any interference. The application is misconceived, lacks merit and is accordingly dismissed. At this stage, learned counsel for the applicants submits that the applicants shall appear before the court concerned and they may be granted the benefit of Satender Kumar Antil versus Central Bureau of Investigation and another, (2021) 10 SCC 773.
It is needless to say that in case applicants appear within a period of ten days from today and claim the benefit of Satender Kumar Antil (supra), the same is to be considered by the concerned court in accordance with law. . (Rajnish Kumar,J.) Order Date :- 16.7.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench