A s. 482 Cr.P.C. application to quash charge sheet, cognizance order, and non-bailable warrant was dismissed after the applicant withdrew the prayer without pressing it.
Reliefs sought to quash the charge sheet and other proceedings were dismissed.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 15742 of 2021
Applicant :- Rahul Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Rahul Mehrotra, learned counsel for the applicant and Sri Ratnendu Kumar Singh, learned AGA appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the impugned charge sheet no.118/2020 dated 14.05.2020, under Sections 452, 323, 324, 504, 506 IPC and Section 3(2)(v-a) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act submitted against the applicant alongwith cognizance order and non-bailable warrant dated 20.05.2020 as well as entire criminal proceedings of Case No. 573 of 2020 (State vs. Rahul Yadav and others) arising out of Case Crime No. 108 of 2020, under Sections 452, 323, 324, 504, 506 IPC and Section 3(2)(v-a) of the SC/ST Act, P.S. Nidhauli Kalan, District Etah pending before the court of the Special Judge (SC/ST Act), Etah.
Learned counsel for the applicant after making submissions to some extent fairly submits that necessary ingredients for invocation of provisions of 482 Cr.P.C. are not made out in the facts of the present case. Accordingly he does not wish to press the prayer made in the application. The reliefs sought in the application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and seek recall of the order dated 20.05.2020 in terms of which non-bailable warrant has been issued.
In case any such application is moved the court below would be expected to dispose of the same in accordance with the settled principles of law.
Subject to the aforesaid observation, the application stands dismissed.
Order Date :- 13.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Rahul Yadav
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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