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2025 DAILYLAW 202756 (ALL)

KRISHNA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/10348/2023 · 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. - 10348 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for State, learned counsel for opposite party no.2 and perused the record of this application. 2. This application under Section 482 Cr.P.C. has been filed for setting aside the dated 14.08.2023 in Complaint Case No.11 of 2022, under sections 354, 352 IPC., and section 7/8 POCSO Act,(Laxmi Devi vs. Budhram and others) Police Station Laliya, District Balrampur. 3. After arguing at some length, counsel for the applicants submits that he does not want to press the present application. However, he submitted that the applicants may be allowed to move a discharge application before the Magistrate through counsel. 4. Learned AGA and learned counsel for the opposite party have no objection. 5. Considering the above submissions, liberty is given to the applicants to move discharge application through counsel before the Magistrate concerned within a period of two weeks days from today. The Magistrate concerned shall consider and decide the same in accordance with law within six weeks thereafter. 6. For a period of eight weeks' from today or till the disposal of the discharge application, no coercive action shall be taken against the applicants in respect of the aforesaid case. 7. It is made clear that in the event no such application is moved within the time prescribed above, the benefit of this order will not be Versus Counsel for Applicant(s) : Gajendra Kumar Mishra Counsel for Opposite Party(s): G.A., Brijesh Kumar Pandey, Swatantra Dev Krishna Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) available to the applicants. 8. With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of. October 28, 2025 Pks A482 No. 10348 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench