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Neutral Citation No. - 2025:AHC:94157 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18552 of 2025 Applicant :- Shyam Bahadur Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash the summoning order dated 15.04.2025 issued by Additional Chief Judicial Magistrate/FTC Mau, charge-sheet dated 17.03.2025 as well as entire criminal proceeding of Case no. 3712 of 2025 (State vs. Shyam Karan and others) arising out of Case Crime no. 0250 of 2024 under sections 3(5), 61(2), 318(4), 319(2), 336(3), 338, 340(2) BNS and Section 12(3) Passport Act, 1967, PS- Doharighat, District Mau pending in court of Additional Chief Judicial Magistrate/FTC Mau.
3. After some argument, learned counsel for applicant prays that applicant may be permitted to prefer discharge application before learned court concerned.
4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application.
5. Be that as it may, without entering into the merits of the issue, the present application is disposed of finally permitting the applicant to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by applicant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate orders. Order Date :- 30.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad