An application seeking quashing of proceedings under Section 482 Cr.P.C. was dismissed as withdrawn by the high court with liberty to appeal.
Application dismissed as withdrawn with liberty to file an appeal.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 12870 of 2023
Applicant :- Ramsagar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and 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 entire proceedings in S.S.T. No. 686 of 2022 (State vs. Ram Sagar Yadav) arising out of Case Crime No. 47 of 2022, under Sections 506 & 354 I.P.C. and Section 3(2) (va) of the S.C./S.T. Act, Police Station- Vindhyachal, DistrictMirzapur, pending in the Court of Special Judge (S.C./S.T.) Act, Mirzapur.
Learned A.G.A. has raised a preliminary objection that the present application is not maintainable in view of the Full Bench decision of this Court in the case of Ghulam Rasool Khan and others v. State of U.P. and others, Criminal Appeal No. 1000 of 2018 , decided on 28.07.2022, reported in 2022 (121) ACC 108 .
At this stage, counsel for the applicant submits that he intends to withdraw the present application with liberty to file an appeal.
Accordingly, the instant application is dismissed as withdrawn with liberty as prayed for.
Let the certified copy of the documents, if any, be returned to the counsel for the applicant as per the Rules of the Court.
Order Date :- 20.4.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Ghulam Rasool Khan and others v. State of U.P.Referred¶7
Ghulam Rasool Khan and others v. State of U.P. and others, Criminal Appeal No. 1000 of 2018, 2022 (121) ACC 108
1 provisions across 1 enactments
Ramsagar Yadav
State of U.P.
Vivek Varma
As recorded by the court registry
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