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2025 DAILYLAW 46090 (ALL)

MANOJ KUMAR SHARMA v. STATE OF U.P. AND ANOTHER

A227/4019/2025 · 2025-05-06

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73571 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4019 of 2025 Petitioner :- Manoj Kumar Sharma Respondent :- State of U.P. and Another Counsel for Petitioner :- Sachin Sharma,Shivank Pandey,Suraj Tiwari Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed to set-aside the impugned order dated 04.03.2025 passed by the learned Additional Session Judge/Fast Track Court No.1, Bulandshahr in Criminal Revision No. 343 of 2024 (Manoj Kumar Sharma vs. State of U.P. and another) as well as order dated 22.05.2023 passed by the learned Civil Judge, (Senior Division)/ Judicial Magistrate, Court No.10 Bulandshahr in Complaint Case No.364 of 2023 (Sompal vs. Manoj) under Sections 417, 506 IPC, Police Station Aurangabad, District Bulandshahr. 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 petitioner. Accordingly, prayer of the petitioner is refused. However, in view of the submissions, it is provided that in case the petitioner moves an application for discharge through counsel within 30 days, 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 30 days or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case. With the aforesaid direction, this application is disposed of. Order Date :- 7.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad