VISHAL PATHAK ALIAS SHIVAM PATHAK v. STATE OF U.P. AND 2 OTHERS
NA528/9592/2025 · 2025-04-01
Saurabh Srivastava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 31817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:45371 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9592 of 2025 Applicant :- Vishal Pathak Alias Shivam Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Trivedi,Rahul Trivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under section 528 BNSS has been preferred with following reliefs:-
"(i) To stay the effect and operation of the impugned summoning order dated 11.01.2024 passed by learned Chief Judicial Magistrate, Lalitpur in Case No.187 of 2024 (State vs. Deepak Ahirwar and Others). (ii) To stay the proceedings relating to Case No.187 of 2024 (State vs. Deepak Ahirwar and Others) pending in the court of learned Chief Judicial Magistrate, Lalitpur, regarding Case Crime No.0145 dated 22.04.2023, under sections 420, 504, 506 I.P.C. and section 67 of I.T. Act (as per the charge-sheet sections 406 I.P.C. was dropped and section 67 of I.T. Act was added by the Investigating Officer)."
3. After hearing the arguments raised by learned counsel for the parties and considering the merits of the matter, applicant is hereby directed to prefer discharge application on the grounds mentioned in the instant application as well as the case law upon which reliance has been placed, within a period of one month from the date of production of certified copy of this order.
4. If the discharge application be preferred within the stipulated time as mentioned above, the same shall be disposed of by way of passing reasoned and speaking
order after providing proper opportunity of hearing to all concerns.
5. However, it is made clear that till the disposal of discharge application, no coercive action shall be taken against the applicant.
6. The instant application under section 528 BNSS stands disposed of accordingly.
Order Date :- 2.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad