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2025 DAILYLAW 198582 (ALL)

DANKANNU ALIAS VISHAMBHAR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8900/2025 · 2025-10-28

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8900 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application has been filed with the following main prayer: "WHEREFORE it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside impugned complaint vide complaint case no.3963/2020, order of summoning dated 06.09.2022 under section 452, 354 IPC and further proceedings in pursuance thereof and judgement and order dated 10.07.2025 passed in criminal revision no. 131/2023, pending in the court of Judicial Magistrate Ist Sitapur, in Re Smt. Sarojani Devi versus Dankannu and others vide complaint Case No.3963/20220 annexed as annexure no. 1 and 2 and 3 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceedings of case vide complaint case no.3963/2020 under section 452. 354 IPC P.S. Hargaon District Sitapur in pursuance of summoning order dated 06.09.2022 pending in the court of Judicial Magistrate Ist Sitapur, Smt. Sarojani Devi versus Dankannu and others during pendency of the present petition in the ends of justice." 3. Learned counsel for the applicants 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. Versus Counsel for Applicant(s) : Rakesh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Dankannu Alias Vishambhar Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 his counsel. Till expiry of eight weeks, further proceedings in the aforesaid case shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. October 28, 2025 Sachin A482 No. 8900 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench