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Neutral Citation No. - 2025:AHC:69548 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14136 of 2025 Applicant :- Karishma Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Mohd. Shoib Khan, learned AGA for the State.
2. The present application has been filed to quash the impugned order dated 19.03.2025 passed by Additional Civil Judge (Junior Division), Court No.8, Agra as well as entire proceedings of Case No.17003 of 2023, arising out of case crime no.98 of 2022, under Sections-498A, 323, 504, 506, 406, 354 IPC and Section 3/4 Dowry Prohibition Act and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Shamsabad, District-Agra, whereby the learned court below rejected the application for discharge of witnesses filed by the applicant on 16.01.2025.
3. Learned counsel for the applicant has submitted that applicant is the first informant in the impugned proceeding and he moved an application to discharge certain witnesses as presence of them could not be ensured because of the reason that all of them have been working in other districts. It is further submitted that court below has erroneously rejected his application to discharge those witnesses though most of the fact witnesses had already been examined by the applicant.
4. Learned AGA has submitted that there is no illegality in
the impugned order as the applicant has not mentioned any reason seeking discharge of the remaining witnesses.
5. After considering the submission of learned counsel for the parties and on perusal of record, it appears that court below has rejected the discharge application of the applicant to discharge the remaining witness on the ground that applicant has not mentioned any reason for the same. This court is of the view that once prosecution seeks to discharge some of the witnesses then it has to mention the reason for the same.
6. Therefore, this court does not find any illegality in the impugned order.
7. However, applicants are at liberty to move fresh application mentioning the reason for seeking discharge of the remaining witnesses. In case such application is filed then court below will consider it in accordance with law.
8. With the aforesaid observations, present application is
disposed of.
Order Date :- 2.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad