MOHD HUSNAIN @ SHIBU v. STATE OF U.P. AND 3 OTHERS
NA528/16384/2025 · 2025-05-15
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55965 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:81054 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16384 of 2025 Applicant :- Mohd Husnain @ Shibu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Singh Yadav,Rajjan Singh Yadav Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan Hon'ble Sanjay Kumar Pachori,J. Shri Sharad Kumar Srivastava, Advocate has filed Vakalatnama on behalf of opposite party Nos. 3 & 4, which is taken on record. Sri Rajjan Singh Yadav, learned counsel for the applicant, Shri A.K. Rai, learned A.G.A. for the State, Shri Mohd. Shoeb Khan,
learned counsel for the opposite party No. 2, Shri Sharad Kumar Srivastava, learned counsel for the opposite party Nos. 3 & 4 and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. T202405310336669 (State Vs. Gudiya Devi and another) under Section 145, Cr.P.C., Police Station- Pipraich, Tehsil Sadar, District- Gorakhpur as well as
order dated 15.4.2025, whereby the order under Section 165(1), B.N.S.S. (Section 146, Cr.P.C.) has been passed by Sub Divisional Magistrate, Sadar, District Gorakhpur. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the documents to the
learned counsel for the applicant, after retaining a xerox of the same.
Order Date :- 16.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad