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Neutral Citation No. - 2025:AHC:31604 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 7629 of 2024 Petitioner :- Vikash Sharma @ Guggu Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Srivastava,Bharat Singh,Maneesh Tiwari,Yogesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant petition has been preferred for challenging the order dated 11.09.2023 passed by learned Session Judge, Moradabad in Session Trial No.1265 of 2023 (State of U.P. Vs. Lalit Kaushik and Others), through which application 7B preferred at the behest of petitioner for his discharge has been rejected.
3. Learned counsel for the petitioner submitted that while passing the impugned order dated 11.09.2023, learned court concerned has not applied its judicial mind to the facts of case and even the case diary was not perused by him at the time of passing order, which impugned the present petition and as such the same is liable to be set-aside.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the petitioner and rebutted the stand taken up by learned counsel for the petitioner and submitted that the learned court concerned has rightly rejected the discharge application preferred at the behest of petitioner.
5. Considering the arguments raised by learned counsel for the parties and by bare perusal of record, it is clear that there is no infirmity in the impugned order and as such this petition lacks merit.
6. The instant petition stands dismissed accordingly. Order Date :- 5.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad