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2025 DAILYLAW 28351 (ALL)

HIMASHU KULSHRESTRA v. STATE OF U.P. AND ANOTHER

NA528/8313/2025 · 2025-03-23

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43054 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8313 of 2025 Applicant :- Himashu Kulshrestra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri S.K. Mishra, Vakalatnama on behalf of opposite party no. 2 which is taken on record. Office is directed to show the name of Sri S.K. Mishra, in the appropriate column of counsel in the next cause list. Sri Piyush Dubey, learned counsel for the applicant, Sri S.K. Mishra, learned counsel for the opposite party no. 2 and Sri Alok Mishra, learned A.G.A. for the State are present. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the order dated 11.12.2024 passed by C.J.M., Agra, in case arising out Case Crime No. 287 of 2010, under sEctions 420, 467, 468 of I.P.C., whereby an application under Section 91 of Cr.P.C. has been dismissed. Learned counsel for the applicant fairly admits that application under Section 91 of Cr.P.C. has been moved to produce a register power of attorney to cross-examine PW-1. The case is related to under Section 420, 467, 468 of I.P.C. It is further submitted that case is pending for trial since 2010 and earlier the applicant moved several Applications under Section 482 of Cr.P.C. on different cause of action. After some arguments, learned counsel for the applicant does not want to press the present application. In view of above, the present application u/s 528 of B.N.S.S. is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Certified copies of the relevant documents be returned to learned counsel for the applicant after retaining a photocopy of the same. Order Date :- 24.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad