Application under Section 482 Cr.P.C. to quash cognizance in an S.C./S.T. atrocities case was disposed of as withdrawn by the applicant with liberty to appeal.
Application disposed of as withdrawn with liberty to file an appeal.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 18209 of 2021
Applicant :- Shyam Dulare And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants as well as Shri R.P. Mishra, learned A.G.A for the State.
The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the cognizance order dated 06.09.2019 as well as the entire criminal proceeding of Special Case No.700 of 2019 (State v. Shyam Dulare & Ors.) (arising out of Case Crime No.121 of 2019, under Sections 323, 504, 506, 452 IPC and Sections 3(1)(द), 3(1)(ध) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-1989 (in short 'the Act-1989'), Police Station-Badahalganj, DistrictGorakhpur).
Shri R.P. Mishra, learned A.G.A. for the State, at the very outset, pointed out that present application under Section 482 Cr.P.C. is not maintainable after insertion of Section 14A(1) in the Act-1989.
At this stage, learned counsel for the applicants states that he does not want to press the aforesaid prayer and prayed that the instant application may be disposed of as withdrawn with the liberty to file appeal under the aforesaid Act.
The instant application is, accordingly, disposed of as withdrawn with the liberty to file an appeal as per provisions of the Act-1989.
Let a certified copy of the impugned order be returned to the learned counsel for the applicants after retaining the photostat copy on record.
Order Date :- 28.3.2022 Jyotsana
Digitally signed by JYOTSANA SINGH Date: 2022.03.29 14:43:17 IST Reason: Location: High Court of Judicature at Allahabad
Shyam Dulare And 2 Others
Mohd. Aslam
Jyotsana Singh
As recorded by the court registry
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