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2025 DAILYLAW 85631 (ALL)

SMT AARYA v. State of U.P. & 4 Others

A482/26322/2024 · 2025-01-10

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5840 Court No. - 75 Case :- APPLICATION U/S 482 No. - 26322 of 2024 Applicant :- Smt Aarya Opposite Party :- State Of U.P. & 4 Others Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Prabhakar Dubey, learned counsel for the applicant and Shri Rahul Pandey, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the order dated 09.07.2024 passed by Civil Judge (JD)/Judicial Magistrate, Bansi, Siddharth Nagar in Case Crime No. 106 of 2024 (State vs. Ajay & Ors.), under Sections 323, 504, 506, 452, 325 IPC, P.S. Bansi, District Siddharth Nagar whereby the learned Magistrate has dismissed the application under Section 173 (8) Cr.P.C. Learned counsel for the applicant fairly admits that there is no allegation in the application in question with regard to non- recording of the statement of the injured person Amit Pandey, son of Virendra, who sustained injuries in the incident and without recording the statement of the injured person (who sustained injury no. 3 as contusion and swelling over right side of the head). The charge sheet has been submitted. Learned counsel for the applicant seeks liberty to file an appropriate application before the competent court of jurisdiction. If the applicant files such an application under Section 173 (8) Cr.P.C., the trial court will decide the same as per provisions of law. With the aforesaid direction this application is disposed of. Order Date :- 10.1.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad