RAKEEB AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9308/2025 · 2025-11-04
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183915 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183915 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9308 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record. 2. This application has been filed for the following main reliefs:
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may very graciously be pleased to set aside and quash the impugned order dated 07.07.2025, passed by Additional Session Judge, Court No. 2, Barabanki in Criminal Revision No. 211 of 2024 (Peer Mohammad & another Vs. Naseer & another) order dated 09.05.2024 passed by Chief Judicial Magistrate, Court No. 16, Barabanki alongwith whole of the proceeding of Case arising out of Complaint No. 274/2023, under Section 323 IPC, against the present applicants, as contained in Annexure No. 1 & 2 to this application. It is further prayed that Hon'ble Court may very graciously pleased to stay the operation and implementation of the impugned order dated 07.07.2025, passed by Additional Session Judge, Court No. 2, Barabanki in Criminal Revision No. 211 of 2024 Peer Mohammad & another Vs. Naseer & another) order dated 09.05.2024 passed by Chief Judicial Magistrate, Court No.16, Barabanki alongwith whole of the proceeding of Case arising out of Complaint No. 274/2023, under Section 323 IPC, Police Station Satrikh, District Barabanki, as contained in Annexure No. 1 & 2 of this application, during pendency of the present application." Versus Counsel for Applicant(s) : Abhishek Shukla Counsel for Opposite Party(s) : G.A. Rakeeb And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
3. Learned counsel for the applicants submits that he does not want to press this application on merits. However, he submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection. 4. Accordingly, the applicants are 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. After the said application is filed, learned trial court is directed to dispose of the same within a period of six weeks thereafter. The applicants are also granted liberty to appear through their counsel.
Till expiry of eight weeks or till disposal of the discharge application, further proceedings in the aforesaid cases/orders impugned shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. November 4, 2025 Sachin A482 No. 9308 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench