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2025 DAILYLAW 162568 (ALL)

SANJAY KUMAR MODI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7408/2025 · 2025-09-09

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7408 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Learned AGA points out that this is the second Application U/S 482 on the same cause of action. The instant application is not maintainable. Faced with this, Shri Prashant Kumar, learned counsel for the applicant submits that the applicant does not wish to press the prayer sought in the application. The prayer sought in the application is accordingly declined. Learned counsel for the applicant recasts his relief and submits that the applicant may be permitted to approach the learned trial court to file discharge application through counsel under the appropriate provisions of law. Learned counsel for the applicant further contends that the dispute is civil in nature. The F.I.R. has been registered to avoid specific performance of contract. Shri Anurag Verma, learned A.G.A. does not have any serious objection to the aforesaid prayer. Versus Counsel for Applicant(s) : Prashant Kumar, Hari Anuj Bahadur Sinha, Sarvesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Sanjay Kumar Modi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) In this wake the Application is disposed of with the following directions: I. The applicant may file discharge application before the competent court. II. In case the applicant files the said application, he shall be permitted to appear through their counsel in the trial court till the discharge application is decided. September 9, 2025 Dhananjai A482 No. 7408 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench