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2025 DAILYLAW 15881 (ALL)

VIVEK ALIAS RAJESH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4232/2025 · 2025-03-31

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44302 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4232 of 2025 Applicant :- Vivek Alias Rajesh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.,Varunesh Shukl Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State. This application has been filed on behalf of the applicants to quash the summoning order dated 10.05.2023 passed by learned Special Judge (SC/ST) Deoria in Complaint Case No.139 of 2021,C.N.R. No. UPDE010015192021, S.T. No. 289 of 2023, under Sections 323, 504, 506 I.P.C. and 3(1)(R), 3(1)(S) SC/St Act, Police Station Rudrapur, District Deoria. At the very outset, learned counsel for opposite party no.2 submits that discharge application has been moved by the applicants which is pending before the trial court since 25.08.2023 against which objection has also been filed by opposite party no.2. When confronted with the above, learned counsel for the applicants could not dispute the aforesaid fact. Considering the fact that the discharge application filed by the applicants has remained pending since 2023, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid application in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties from the date of production of a certified copy of this order before it, if there is no other legal impediment. Order Date :- 1.4.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad