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2025 DAILYLAW 17832 (ALL)

UMESH CHAND v. STATE OF U.P. AND 2 OTHERS

NA528/7970/2025 · 2025-07-10

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111159 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7970 of 2025 Applicant :- Umesh Chand Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lokesh Kumar Dwivedi,Rajneesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ramashankar Yadav, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record. Sri Lokesh Kumar Dwivedi, learned counsel for the applicant, Sri Ramashankar Yadav, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 03.10.2024 passed by IV Additional Sessions Judge, Jaunpur in Criminal Revision No. 29 of 2024, whereby the revisional court affirmed the order dated 10.01.2024 passed by Additional Chief Judicial Magistrate, IIIrd, Jaunpur by which learned Magistrate treated the application under Section 156(3) of Cr.P.C. as complaint case. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty. Order Date :- 11.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad