In a Section 482 Cr.P.C. application where the applicant declined to press the petition citing non-summons status, the Single Judge allowed the counsel's request and dismissed the application as withdrawn.
Application dismissed as withdrawn; liberty to file fresh application if applicant is summoned in future.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 8836 of 2019
Applicant :- Ashish Chanchal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan,Mohammad Adnanul Haq Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Ms. Ruchita Jain, Advocate has filed her Vakalatnama on behalf of the opposite party no.2, is taken on record.
At the very outset, Sri Araf Khan, learned counsel for the applicant very fairly submitted that till date the applicant has not been summoned, therefore, the present application is not maintainable at this stage. He further submitted that on account of aforesaid reasons, he does not want to press this application at this stage and want to file a fresh application in case the applicant is summoned later.
The request so made on behalf of the applicant is allowed.
Accordingly, the application is dismissed as withdrawn with liberty to file a fresh application in case the applicant is summoned.
Certified copy of charge-sheet and FIR be returned to the learned counsel for the applicant after obtaining the xerox copy of the same.
Order Date :- 29.3.2019 AK Pandey
Ashish Chanchal
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
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