The High Court disposed of an application for quashing proceedings under Section 482 Cr.P.C. solely on the terms that the applicant withdrew the application with liberty to file a discharge application before the trial court within three weeks.
Application disposed of as withdrawn with liberty to file a discharge application in three weeks.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 11973 of 2023
Applicant :- Puneet Kumar Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Sri Vikas Sahai, learned A.G.A for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Special S.C. No. 1466 of 2022 (State vs. Puneet Kumar Nishad) Case Crime No. 17 of 2022, under Sections 376, 504, 506, 406 I.P.C., P.S. Khorabar, District Gorakhpur as well as cognizance order dated 4.8.2022.
After arguing the matter at some length, learned counsel for the applicants submits that he wants to withdraw this application with liberty to the applicants to file an application for discharge before the court concerned.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear and file an application for discharge before the court concerned within three weeks from today which shall be decided by the Court below in accordance with law expeditiously, provided there is no legal impediment.
Order Date :- 26.4.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
Puneet Kumar Nishad
State of U.P.
Vivek Varma
As recorded by the court registry
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