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2025 DAILYLAW 36731 (ALL)

DHARMENDRA SINGH GAUTAM v. STATE OF U.P. AND ANOTHER

NA528/12496/2025 · 2025-04-15

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57162 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12496 of 2025 Applicant :- Dharmendra Singh Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the prayer to quash the impugned order dated 17.01.2025 passed by learned Chief Judicial Magistrate, Banda in Criminal Case no. 568/IX/2022 (State vs. Dharmendra Singh Gautam) arising out of Case Crime no. 781 of 2021, under sections 384, 504, 507 IPC and 67 Information Technology (Amendment) Act, 2008, PS- Kotwali Nagar, District Banda, pending before the learned Chief Judicial Magistrate, Banda. 3. It is admitted fact that applicant already challenged entire proceeding arising out of Case Crime no. 781 of 2021 in shape of Application u/s 482 no. 30911 of 2022 before this Court, wherein, interim protection has already been extended in favour of the applicant until further orders vide order dated 05.11.2024. Specific order dated 17.01.2025 has been put under challenge through the instant application which has been passed in spite of interim order dated 05.11.2024. 4. Once the entire proceeding has been put under challenge through earlier Application u/s 482 no. 30911 of 2022, any order through which the applicant is aggrieved be preferred before the same application since this is not the fresh cause of action. It is the continuing cause of action arising out of Case Crime no. 781 of 2021. 5. The instant application lacks merit hence dismissed. 6. However, it is made clear that applicant may approach this Court through the same application u/s 482 no. 30911 of 2022 by way of challenging the order which impugned the present application. 7. Office is directed to return the certified copies of the impugned order to office of learned counsel for the applicant as per rules. Order Date :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad