The court disposed of an application under Section 482 Cr.P.C. seeking to quash a cognizance order. The applicant's counsel withdrew the specific prayer without pressing it, reserving the jurisdiction for a future bail application.
The relief sought in the application was not entertained as the prayer was not pressed by the counsel.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 6555 of 2021
Applicant :- Pankaj Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav,Shashank Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Vinod Kumar Yadav, learned counsel for the applicants and Sri Pankaj Saxena, learned AGA-I appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the cognizance order dated 01.01.2021 taken by the Special Judge, SC/ST Act, Azamgarh on Charge sheet dated 28.10.2020 bearing charge sheet no.1 of 2020, registered as Special Session Trial No. 7 of 2021 (State vs. Pataru and others) arising out of case crime no. 152 of 2020, under Sections 323, 504, 506 IPC and Section 3 (1)(Da) and 3 (1) (dha), (2)(Va) of SC/ST Act, Police Station Ghambirpur, District Azamgarh.
Learned counsel for the applicants 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.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 3.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
1 provisions across 1 enactments
Pankaj Yadav
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
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