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2025 DAILYLAW 30682 (ALL)

ANWAR KHAN AND 2 OTHERS v. STATE OF UP AND ANOTHER

A227/2737/2025 · 2025-03-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41657 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2737 of 2025 Petitioner :- Anwar Khan And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned judgment and orders dated 12.12.2024 passed by the Court of learned Sessions Judge, Rampur in Criminal Revision No.245 of 2024 ( Anwar Khan and others Vs. State of U.P. and another) as well as impugned order dated 15.12.2022 passed by learned Additional Civil Judge ( Senior Division), Court No.1/ Additional Chief Judicial Magistrate, Rampur in Compliant No.1535 of 2021 ( Registration No.26579 of 2021 ( Sultan Khan Vs. Anwar and others) under Sections 406, 323, 506 IPC, Police Station Swar, District Rampur and also stay the proceedings of Complaint Case No.1535 of 2021 ( Registration No.26579 of 2021) pending before the Additional Civil Judge ( Senior Division), Court No.1/ Additional Chief Judicial Magistrate, Rampur. 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 petitioners. Accordingly, prayer of the petitioners is refused. However, in view of the submissions, it is provided that in case the petitioners move an application for discharge through counsel within four weeks, 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 four weeks or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners. With the aforesaid direction, this application is disposed of. Order Date :- 21.3.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad