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2025 DAILYLAW 77048 (ALL)

KAMAL KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A227/8194/2025 · 2025-07-30

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128231 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8194 of 2025 Petitioner :- Kamal Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sachin Malik Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the order dated 30.05.2025 passed by Judicial Magistrate, First Class, Baghpat, in Case No. 782 of 2022, by which the petitioners have been summoned to face trial under Section 323, 504 I.P.C., and also the order 05.06.2025 passed by the Revisional Court. Learned counsel for the petitioner has confined his prayer seeking relief by moving the discharge application before the Court concerned at the appropriate stage. Per contra, learned AGA for the State has vehemently opposed the aforesaid prayer. As the offences are tried summarily by a Magistrate, therefore, it is hereby directed to the Court concerned to consider and decide the matter in terms of Chapter XX and XXI of the Code of Criminal Procedure, 1973. In case the petitioner participates/cooperates in the trial proceedings, no coercive measures be taken against the petitioners till the conclusion of the trial. With the aforesaid direction, the petition is disposed of. Order Date :- 31.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad