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Neutral Citation No. - 2025:AHC:72509 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 10263 of 2025 Applicant :- Mohammad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Alam Ansari,Suhel Ahmad Azmi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the materials available on record.
2. The instant application has been preferred by the applicant with a prayer to quash the charge sheet dated 29.08.2024, cognizance/ summoning order dated 30.08.2024 as well as further proceedings of Sessions Case No. 809 of 2024 (State Vs. Randhir and others) arising out of Case Crime No. 215 of 2023, under Sections 420, 120-B of I.P.C., Section 8/13 of Prevention of Corruption Act and Section 12 of Passport Act, Police Station Khalilabad, District Sant Kabir Nagar, pending in the court of learned Additional District Judge/Special Judge (Prevention of Corruption Act), Court No. 5, Gorakhpur.
3. After advancing some argument at length, learned counsel for the applicant submitted that since the applicant has already been granted bail in this case by the Coordinate Bench of this Court vide dated 30.09.2024 in Criminal Misc. Bail Application No. 34910 of 2024, therefore, he may be permitted to move a discharge application before the court concerned raising his objection. Learned counsel for the applicant also submitted that he is not pressing any further relief as claimed by applicant by means of this application.
4. Learned Additional Government Advocate representing the State of U.P. submits that in case the applicant is not pressing the relief as sought for
by him on merits and wants to move discharge application, he has no objection.
5. Accordingly, the relief as sought by the applicant in the instant application is refused.
6. In view of the above, considering the request of the applicant, it is directed that in case the discharge application is moved by the applicant before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking
order in accordance with law.
7. With the aforesaid observation, the instant application is disposed of.
Order Date :- 6.5.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad