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2025 DAILYLAW 175839 (ALL)

NAFISH AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER

A482/11565/2024 · 2025-11-12

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11565 of 2024 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant. Though notice has been served on opposite party no.2, but none appeared on behalf of opposite party no.2 . 2. By means of this application, the applicant has prayed for quashing the entire proceedings of Complaint Case No.104 of 2023, Rangilal Vs. Ibrahim and others, under Sections 323 and 504 IPC and Section 3(1)(dha) SC/ST Act, Police Station Malhipur, District Shrawasti and the summoning order dated 22.10.2024 passed by the Special Judge, SC/ST Act, Shrawasti. 3. After arguing at some length, learned counsel for the applicant submits that he does not want to press this application on merits, but he submits that applicant would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State and opposite party no.2, do not have any objection. 4. Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. In case the said application is filed within two weeks from today, the trial court is directed to dispose of the same within a period of six weeks thereafter. The applicant is also granted liberty to appear through his counsel. Till expiry of eight weeks or till disposal of Versus Counsel for Applicant(s) : Alok Saran, Amit Kumar Kaushal, Himanshu Suryavanshi Counsel for Opposite Party(s) : G.A. Nafish Ahamad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Another .....Opposite Party(s) the discharge application, no coercive steps shall be taken against the applicant. 5. With the aforesaid observations/directions, this application stands disposed of. November 12, 2025 Rao/- A482 No. 11565 of 2024 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench