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2025 DAILYLAW 62323 (ALL)

MOHIT SHARMA v. STATE OF U.P. THROUGH ITS SECRETARY (DEPARTMENT OF HOME) AND ANOTHER

NA528/18342/2025 · 2025-05-21

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87294 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 18342 of 2025 Applicant :- Mohit Sharma Opposite Party :- State Of U.P. Through Its Secretary (Department Of Home) And Another Counsel for Applicant :- Mahendra Tripathi,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. The present petition has been filed seeking quashing of the order dated 16.04.2025 passed by the learned Additional District and Sessions Judge, Fast Track Court, Agra in Sessions Case No. 1001 of 2024, arising out of Case Crime No. 50 of 2022, under Sections 406, 376(1), 376(2), 377, 506 of the IPC and Section 66E of the Information Technology Act, Police Station Rakabganj, District Agra. 3. Learned counsel for the petitioner submits that the direction of the learned Additional District and Sessions Judge in the impugned order dated 16.04.2025- directing the compact disc (Paper No. 8A/1) to be sent to the FSL from the court custody, and placing it with the investigating agency- is prima facie unsustainable and contrary to the law laid down by the Supreme Court in P. Gopalkrishnan @ Dileep v. State of Kerala, (2020) 9 SCC 161. 4. Upon consideration of the submissions advanced and the material on record, this Court is of the view that the impugned order dated 16.04.2025 suffers from legal infirmity and is liable to be set aside. 5. Accordingly, the impugned order dated 16.04.2025 is hereby quashed. The matter is remanded to the court of the learned Additional District and Sessions Judge, Fast Track Court, Agra, to reconsider and decide the application afresh, strictly in accordance with law and in light of the principles laid down in P. Gopalkrishnan @ Dileep v. State of Kerala and Another (supra), preferably within three days from the date of receipt of a certified copy of this order. 6. The petition stands allowed with the aforesaid terms. Order Date :- 22.5.2025 Anil K. Sharma Vinod Diwakar, J. Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad