In an application under section 482 Cr.P.C. challenging a final order, the court allowed the applicant to withdraw the application with liberty to file a criminal revision. The application was subsequently dismissed as not pressed.
Application dismissed as not pressed; applicant allowed to withdraw with liberty to file criminal revision.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 7244 of 2021
Applicant :- Sarfaraj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Srivastava, learned counsel for applicants and learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging order dated 25.1.2021, passed by Additional District and Sessions Judge/Special Judge (E.C. Act), Gorakhpur in Special Sessions Trial No. 421 of 2019 (State Vs. Mohd. Saleem and Others) arising out of Case Crime No. 510/111 of 2017, under sections 376-D IPC, Police StationRajghat, District Gorakhpur, whereby charges have been framed against applicant.
At the very outset, learned A.G.A. contends that present application under section 482 Cr.P.C. is not maintainable, inasmuch as order impugned in present application is a final order and therefore, revisable in terms of Section 397/401 Cr.P.C.
When confronted with above, learned counsel for applicant fairly submits that he be permitted to withdraw present application with liberty to file criminal revision.
Prayer made if bonafide. Accordingly, same is allowed.
Application is, accordingly, dismissed as not pressed with liberty to file criminal revision.
Certified copy of the impugned order be returned to learned counsel for applicant after obtaining photo copy of the same to be kept on record.
Order Date :- 28.9.2021 Arshad
1 issue framed by the court
Whether an application under section 482 Cr.P.C. challenging a final order is maintainable or revisable under Sections 397 and 401 Cr.P.C.
2 provisions across 1 enactments
Sarfaraj And Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
