Amit Kumar Mishra v. State Of U.P. Thru. Its Prin. Secy. Home Lko
Case at a glance
- Decided
- 01 May 2025
- Bench
- ALOK MATHUR
- Neutral citation
- 2025:AHC-LKO:25217
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 323, 498A, 504
- Dowry Prohibition Act, 1961
Key paragraphs
- Para 44. Accordingly, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and decided in view of law laid down by…
Judgment
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed by the applicants for quashing the impugned order dated 10.1.2020 passed by Additional Chief Judicial Magistrate, Mohammadi, District Lakhimpur Kheir in Complaint Case No.71 of 2019 (Smt. Kavita Mishra Vs. Amit Kumar Mishra) under Sections 323, 504, 498A of IPC and 3/4 of Dowry Prohibition Act, as well as revisional order dated 25.2.2025.
After arguing for sometime, learned counsel for the applicant submits that he does not want to press this application and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", to which learned A.G.A. has no objection.
Accordingly, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", by the concerned trial court.
With the aforesaid directions, this petition is finally disposed of. Order Date :- 1.5.2025 RKM. (Alok Mathur, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 323, 498A, 504; Dowry Prohibition Act, 1961.
Which court decided this case, and when?
Allahabad High Court, on 01 May 2025. The bench was ALOK MATHUR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.