The Allahabad High Court disposed of a Section 482 Cr.P.C. application filed to quash proceedings under the NDPA Act and stay orders. The court allowed the applicant's prayer to dismiss the matter as withdrawn with liberty to file a better petition.
Application dismissed as withdrawn with liberty to file a better petition.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 2879 of 2023
Applicant :- Kamal Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- D.K.Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Shri D.K. Tripathi, learned counsel for the applicants and Shri S.B. Maurya, learned counsel for the State.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Criminal Case No.4/IX/2000, u/s (8) C, 15 NDPA Act and order dated 3.1.2023 issuing NBW and it consequential orders and further to stay the further criminal proceedings of the aforesaid case during the pendency of the present application.
Learned counsel for the applicants after some arguments states that the present application U/s 482 Cr.P.C. be dismissed as withdrawn with liberty to file a better petition.
Prayer as prayed is allowed.
The present application U/s 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.
Office to return the certified copy, if any, to learned counsel for the applicant(s) as per rules.
(Samit Gopal, J.)
Order Date :- 17.2.2023 Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the quashing of criminal proceedings under NDPA and stay orders should be allowed when the applicant withdraws the application.
What relief to grant when a Section 482 Cr.P.C. application is filed but subsequently withdraws by consent.?
1 provisions across 1 enactments
Kamal Kumar
State Of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
