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2025 DAILYLAW 22554 (ALL)

RAMLAKHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6143/2025 · 2025-09-21

Sanjay Kumar Pachori

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6143 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Supplementary affidavit filed today, which is taken on record. Sri Dharmendra Kumar Singh, Advocate holding brie of Sri Mukesh Kumar, learned counsel for the applicants and Sri B.N. Upadhyay, brief holder for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 20.02.2024 passed by Additional Chief Judicial Magistrate, Court No. 8, Allahabad in Complaint Case No. 1948 of 2017, whereby the discharge application of the applicant for the offence punishable under Sections 323, 504, 506 of I.P.C. has been dismissed. Learned counsel for the applicants fairly admits that earlier Application U/S 482 No. 27315 of 2023 has been disposed of with a direction to the applicant to file appropriate application for discharge. It is further submits that both the parties sustained injury in the same incident. 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. Versus Counsel for Applicant(s) : Brajesh Kumar Singh, Mukesh Kumar Counsel for Opposite Party(s) : G.A. Ramlakhan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 22, 2025 Ishan NA528 No. 6143 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad