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2025 DAILYLAW 22969 (ALL)

SUSHEEL RAI v. STATE OF UP AND ANOTHER

A227/2218/2025 · 2025-05-18

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83608 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2218 of 2025 Petitioner :- Susheel Rai Respondent :- State of U.P. and Another Counsel for Petitioner :- Pradeep Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with the following relief:- "(i) Set-aside the impugned order dated 13.09.2024 passed by Additional District and Sessions Judge, Court No. 06, Azamgarh in Criminal Revision/1000101/2022 (Susheel Rai Vs. State of U.P. and another), u/s 323, 325, 504 IPC, P.S. Devgaon, District Azamgarh. (ii) Set aside the charge sheet dated 05.08.2022 u/s 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh arising out of Case Crime No. 242 of 2022. (iii) Set aside the impugned cognizance cum summoning order dated 25.11.2022, passed by the Additional Chief Judicial Magistrate, Court No. 10 Azamgarh, in Criminal Case No. 8875 of 2022 (State Vs. Susheel Rai and others), u/s 323, 325, 504, 506 IPC, P.S. Devgaon, District Azamgarh arising out of case crime no. 242 of 2022." From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the petitioner. Accordingly, prayer of the petitioner is refused. However, in view of the submissions, it is provided that in case the petitioner moves application for discharge through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case. With the aforesaid direction, this petition is disposed of. Order Date :- 19.5.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad