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2025 DAILYLAW 170982 (ALL)

SURESH KUMAR DWIVEDI ALIAS SURESH KUMAR TRIVEDI AND ANOTHER v. STATE OF THRU. PRIN. SECY. DEPTT.OF HOME, LKO. AND ANOTHER

/12013/2024 · 2025-01-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2303 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12013 of 2024 Applicant :- Suresh Kumar Dwivedi Alias Suresh Kumar Trivedi And Another Opposite Party :- State Of Thru. Prin. Secy. Deptt.Of Home, Lko. And Another Counsel for Applicant :- Anuj Dayal,Manish Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "For the facts reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that in the interest of justice this Hon'ble Court may kindly be pleased to quash the charge sheet dated 23/07/2024, arising out of Case Crime No.0011 of 2024, under section 419, 420, 467, 468, 471, 120B and 34 IPC at police Station Subeha, District Barabanki, as well as entire proceedings of Case No. 69 of 2024 (State Vs. Girish Kumar Yadav and others), pending before Learned Judicial Magistrate, Court No. 24, Haidergarh, Barabanki, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceedings of. Case No. 69 of 2024 (State Vs. Girish Kumar Yadav and others), pending before the Learned Judicial Magistrate, Court No. 24, Haidergarh, Barabanki, in the interest of justice." 3. After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant to prefer a discharge application before the court concerned, which may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant(s). 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant(s) a move discharge application before the court concerned, which shall be decided expeditiously in accordance with law. Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench