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2025 DAILYLAW 155217 (ALL)

SUDHEER PATEL v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

/874/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45535 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 874 of 2025 Applicant :- Sudheer Patel Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dhananjai Kumar Tripathi,Tanupriya Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing the entire criminal proceedings initiated against the applicant in pursuance of the impugned charge sheet dated 04.02.2025 arising out case crime no. 142/2024, under section-191(2), 191(3), 115(2), 118(2), 351(3), 352, 125 B.N.S. Police Station- Gaura Chauraha, District- Balrampur and cognizance/summoning order dated 13.02.2025 passed by ACJM/Civil Judge (S.D.), Balrampur in case no. 40/2025 (State versus Sudheer Patel and other), 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. He next submits that he has been enlarged on bail by the order of learned trial court. 4. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file discharge application. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6. The applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 7. The application is disposed off accordingly. Order Date :- 5.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench