The applicant's petition under Section 482 Cr.P.C. to set aside an impugned order and summon accused was dismissed as withdrawn with liberty to seek appropriate remedies under the law.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 5941 of 2022
Applicant :- Suraiya Parveen Opposite Party :- State Of U.P And 4 Others Counsel for Applicant :- Sunil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
relevant papers to the applicantThe present petition has been filed with the present to set aside the order dated 04.01.2022 passed by the Judicial Magistrate-II, Saharanpur in Complaint Case No.507 of 2019, under Section 457/380 I.P.C., Police Station - Kutubsher, District - Saharanpur and further prayed to direct the court below to summon the accused person under Section 457, 380 I.P.C., Police Station - Kutubsher, District Saharanpur.
Learned A.G.A. has raised a preliminary objection regarding maintainability of the present application/ petition on the ground that against the order impugned the applicant has a remedy to file a criminal revision as provided under Section 397 Cr.P.C.
At this stage, learned counsel for the applicant has submitted that he may be permitted to withdraw the petition/ application as dismissed as withdrawn with liberty to avail the remedy as provided under the law.
As prayed, the present petition under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to avail appropriate remedy as provided under the law.
Office is directed to return the certified copy of impugned order dated 04.01.2022 after retaining the photocopy of the same on record.
Order Date :- 26.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.27 10:40:20 IST Reason: Location: High Court of Judicature at Allahabad
Suraiya Parveen
Manish Kumar
S. Kumar
As recorded by the court registry
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