SHIVAJI VISHWAKARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/35968/2025 · 2025-09-24
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96717 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35968 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Sri A.K. Malviya, learned counsel for the applicants submits that though the present application u/s 528 of BNSS has been preferred for quashing of the order dated 07.03.2025 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate -2, Ghazipur, in Criminal Case No. 11550 of 2022 (Awadhesh Vishwakarma Vs. Shivaji Vishwakarma) under Sections 498-A, 147, 148, 323, 427, 504, 506, IPC read with Section 3/4 of D.P. Act and order dated 12.08.2025 passed by Additional District and Session Judge, Court No. 4, Ghazipur, in Criminal Revision No. 72 of 2025 (Shivaji Vishwakarma Vs. State of U.P. and another), however, he confines his relief to raise the ground, which he is seeking to raise in the present application post-summoning at an appropriate stage.
2. Learned A.G.A. has no objection to the same.
3. Accordingly, the application is disposed of leaving it open to the applicant to raise all the legal and factual grounds before the court below at an appropriate stage and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. September 25, 2025 N.S.Rathour Versus Counsel for Applicant(s) : Arpit Malviya, Awadhesh Kumar Malviya Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Shivaji Vishwakarma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad