KUNDAN KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
CRLR/900/2025 · 2025-08-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156758 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49396 Court No. - 11 Case :- CRIMINAL REVISION No. - 900 of 2025 Revisionist :- Kundan Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Revisionist :- Rahul Yadav,Amit Kumar Sonkar,Ashish Kharwar,Rajat Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard. 2. The present revision has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to summon the Lower Court Record, allow the present revision and set aside the impugned order dated 23.7.2025 passed by the Additional District and Sessions Judge, Court No.9, Lucknow in Session Trial No. 568 of 2025 "State of U.P. Versus Kundan Kashyap" arising out of Case Crime No. 41 of 2025 Under Section 109 (1) Β.Ν.S. 2023 and Section 3/25 Arms Act Police Station- Gazipur, District-Lucknow, in the interest of justice."
3. On being confronted, after taking note of the facts/ground(s), which are based upon the FIR No. 0039/2025 dated 28.01.2025 lodged at about 00:22 hours, at P.S.-Gazipur, District- Lucknow North Commissionerate, Lucknow by one Kalpana and her statement recorded in terms of Section 183 BNS, according to which the applicant was arrested either at 6:30 PM or at 8:30 PM as also the statement of the said informant namely Kalpana recorded before the trial court in the trial arising out of FIR dated 28.01.2025, detailed above, final judgment has not been passed as also the law related to the application seeking discharge as also the observations made by the Hon'ble Apex Court in the case of Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460; Tarun Jit Tejpal Vs. State of Goa and Another, 2019 SCC OnLine SC 1053; State of Gujarat vs. Dilipsinh Kishorsinh Rao reported in 2023 SCC OnLine SC 1294; Vishnu Kumar Shukla v. State of U.P., 2023 SCC OnLine SC 1582; Hazrat Deen vs. State of Uttar Pradesh and Another; reported in 2022 SCC OnLine SC 1781, learned Counsel for the revisionist submits that he may be permitted to withdraw the present revision for the relief sought, quoted above, as any observations at this stage would prejudice the case of the revisionist before the concerned court. 4. Accordingly, the present revision is consigned to record.
Order Date :- 22.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench