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2025 DAILYLAW 31007 (ALL)

ANUP CHATURVEDI v. STATE OF U.P. AND ANOTHER

A227/2596/2025 · 2025-03-18

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39993 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2596 of 2025 Petitioner :- Anup Chaturvedi Respondent :- State of U.P. and Another Counsel for Petitioner :- B.S. Pandey,Kartikey Pandey 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 petitioner has prayed to set aside the impugned judgment and order dated 31.1.2025 passed by Additional Sessions Judge-Ist, Basti in Criminal Revision No.158 of 2023 ( Anup Chaturvedi Vs. State of U.P. and another) as well as order dated 2.8.2022 passed by Judicial Magistrate-Ist, Basti in Complaint Case No.19078 of 2021 ( Sushila Devi Vs. Ramchandra) under Section 323, 452 & 506 IPC and also to stay the further proceedings of Complaint Case No.19078 of 2021 pending before the Judicial Magistrate-Ist, Basti. 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 :- 19.3.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad