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2025 DAILYLAW 63522 (ALL)

MAHIPAL SINGH v. STATE OF U.P. AND ANOTHER

NA528/23247/2025 · 2025-08-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136969 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23247 of 2025 Applicant :- Mahipal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ajay Kumar Vashistha, learned counsel for the applicant has submitted that though the present application has been preferred to summoning order dated 20-12-2018 and order dated 03-10-2024 passed by the First additional Sessions Judge, Kasganj, in Complaint Case No. 62 of 2023, under section 18, 18(1) / 27 18(A) / 28 Drugs and Cosmetics Act, Police Station Kasganj, District Kasganj, however, he confines his relief for raising the legal objections regarding the fact that already proceedings by way of lodging of a first information report bearing No. 0485 of 2017 dated 04.07.2017 under Section 27, 18(C) of D.C. Act, 1940 read with Section 420 and 419 of IPC was lodged in which charge sheet has been submitted. Learned counsel for the applicant submits that both the proceedings cannot go on, however, he submits that he shall be raising the same before the court below by taking all legal and factual grounds. 2. Learned AGA has no objection to the same. 3. Accordingly, interference is declined, the application stands disposed of leaving it open for the applicant to take all legal and factual grounds before the court below. Order Date :- 12.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad