Preliminary objection raised regarding maintainability of Section 482 Cr.P.C. application. Application withdrawn and dismissed as not pressed with liberty to file fresh.
Application dismissed as not pressed with liberty to file fresh.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 6250 of 2022
Applicant :- Smt. Rekha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
A preliminary objection has been raised by learned AGA regarding the maintainability of the present application/petition for expeditious and proper disposal of the case pending in the court below under Section 482 Cr.P.C.
Learned AGA has submitted that this Court under Section 483 Cr.P.C. has power of superintendence vested with the High Court over the court of Judicial Magistrates, subordinate to it as to ensure that there is an expeditious and proper disposal of such cases by the Magistrate vested under Section 483 Cr.P.C. and hence, the present application is not maintainable under Section 482 Cr.P.C.
At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present petition/application as dismissed as not pressed with liberty to file fresh.
As prayed, the present petition is dismissed as not pressed with liberty to file fresh.
Office is directed to return the certified copy of the relevant documents(s) after retaining the photostat copies of the same.
Order Date :- 26.5.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.26 18:51:18 IST Reason: Location: High Court of Judicature at Allahabad
Smt. Rekha Devi
Manish Kumar
As recorded by the court registry
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