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Mohd. Naseer vs The State Of U.P Thru Principal … on 18 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 2099 of 2015

Applicant :- Mohd. Naseer

Opposite Party :- The State Of U.P Thru Principal Secy., Home Lucknow And Anr.

Counsel for Applicant :- Nadeem Murtaza

Counsel for Opposite Party :- Govt. Advocate,S.Malik-E-Ashtar Rizvi,Syed Waqar Husain

Hon’ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioner as well as learned Additional Government Advocate and perused the record.

2. By means of this petition preferred under Section 482 Cr.P.C. the petitioner has prayed for quashing the entire proceedings of Case No.2274 of 2014, State Vs. Naseer and others, under Sections 498A, Section323, Section504 IPC and 3/4 SectionDowry Prohibition Act, pending in the court of Special Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow and the charge sheet no.154 of 2014, arising out of Case Crime No.723 of 2013, under Sections 498A, Section323, Section504 IPC and 3/4SectionDowry Prohibition Act, Police Station Thakurganj, District Lucknow and the summoning order dated 20.1.2015.

3. Learned counsel for the petitioner submits that he would like to file an application for discharge under the provisions of SectionCr.P.C., to which learned counsel for the State, does not have any objection.

4. Accordingly, the petitioner is granted liberty to file an application in conformity with the provisions of SectionCr.P.C., within a period of fifteen days from today. After the said application is filed, learned trial Court is directed to dispose of the same. The petitioner is also granted liberty to appear through his counsel. Till disposal of the discharge application, no coercive steps shall be taken against him.

5. With the aforesaid observations / directions, the petition stands disposed of.

Order Date :- 18.10.2019

Rao/-

 

 

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