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2025 DAILYLAW 55004 (ALL)

PRASHANT KUMAR v. STATE OF U.P. AND 6 OTHERS

A227/4721/2025 · 2025-05-07

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74323 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4721 of 2025 Petitioner :- Prashant Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Punya Sheel Pandey 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. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to issue an appropriate order or direction to set-aside the impugned judgment and order dated 05.02.2025 passed by learned Additional Session Judge, Court No.4, District Etah in Criminal revision No. 309 of 2024 (Prashant Kumar vs. State of U.P. and another) as well as impugned order dated 17.10.2024 passed by Additional Chief Judicial Magistrate/F.T.C. Etah in Criminal Misc. Case No.1776 of 2024, under Section 173(4) of B.N.S.S. (Prashant Kumar vs. Jay Singh and others), Police Station Bagwala, District Etah, (Annexure Nos. 6 and 4 to the writ petition). It has been submitted by learned counsel for the petitioner that the application filed by the petitioner under Section 175(3) BNSS has been rejected and the revision filed by the petitioner has also been rejected, though there is sufficient material to proceed. In case, the petitioner moves a fresh application with complete details to lodge the complaint under section 210 BNSS Cr.P.C. within a period of one month from the date of the order, the same may be considered and decided strictly, in accordance with law after giving an opportunity of hearing to both the parties, if there is no legal impediment. With the aforesaid directions, the petition is disposed of. Order Date :- 8.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad