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2025 DAILYLAW 90863 (ALL)

TABISH KAMRAN v. STATE OF U.P. AND ANOTHER

NA528/33156/2025 · 2025-09-09

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33156 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed challenging the chargesheet dated 12.09.2021 and orders dated 04.11.2024 and 20.02.2025 as well as entire proceedings of Case Crime No.9085 of 2022, arising out of Case Crime No.31 of 2021, (State of U.P. vs. Tabish Kamran), under Section 408 IPC, Police Station-Kotwali Nagar, District- Etah. 3. It is found that with the same prayers, the applicant has earlier approached this Court by filing Application U/S 482 Cr.P.C. No.21867 of 2023, which was dismissed on 11.07.2023, granting protection in the light of judgment of Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & another : (2022) 10 SCC 51. 4. Though learned counsel for the applicant submits that subsequently application seeking discharge was rejected by the concerned court on 04.11.2024 and, therefore, the present application is maintainable, the Court is not inclined to accept the submission, inasmuch as, the order dated 04.11.2024 is not under challenge in this application, rather the same prayers are being made in the present application, which were made in the previously moved application. 5. As prayed by learned counsel for the applicant, the application is dismissed as withdrawn with liberty to the applicant to avail the remedies Versus Counsel for Applicant(s) : Iftakhar Ahmad Counsel for Opposite Party(s) : G.A. Tabish Kamran .....Applicant(s) State of U.P. and Another .....Opposite Party(s) which may be available to him under the law. 6. Office is directed to return every certified copy on record to the learned counsel for the applicant, after retaining the photostat copies thereof, which shall be provided by learned counsel for the applicant to the office within two weeks. September 10, 2025 Jyotsana NA528 No. 33156 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad