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2025 DAILYLAW 167654 (ALL)

KANHAIYA LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/8462/2025 · 2025-10-07

Manoj Bajaj

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8462 of 2025 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the impugned order dated 30.6.2025 passed by Additional Sessions Judge-I, Bahraich in Criminal Revision No. 85 of 2024, titled Brijesh Kumar Shukla and another Vs. State of U.P. and another, whereby the dismissal of his application for discharge vide order dated 17.1.2024, passed by Additional Chief Judicial Magistrate, Bahraich in Case No. 3982 of 2022, arising out of Case Crime No. 25 of 2022, under Sections 147, 148, 452, 323, 504, 506, 427 I.P.C., Police Station Payagpur, District Bahraich, has been upheld. During the course of hearing, it is fairly stated by learned counsel for the applicant that his previous attempt to seek quashing of the impugned charge sheet under Section 173(2) Cr.P.C. was not interfered on merits, though vide order dated 17.4.2023 a liberty was extended to him to seek discharge before the trial court. It is pointed out that pursuant to the order dated 17.4.2023, the application seeking discharge has been dismissed by the trial court through order dated 17.1.2024 and the same has been further upheld by the revisional court vide impugned order dated 30.6.2025. Concededly, as a consequence of dismissal of discharge application, the formal order framing charges against the accused-applicant has not been passed so far, therefore, at this stage, this Court is not inclined to entertain this application, and liberty is granted to the applicant to challenge the order Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Kanhaiya Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) framing of charges. In view of the above, the application is disposed of. (Manoj Bajaj,J.) October 7, 2025 P.S. Parihar A482 No. 8462 of 2025 2 Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench