Disposed

Dhobi Lal and 5 Others v. State of U.P. and Another

Allahabad HC10 Aug 2023A482/29254/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the High Court directed the lower court to verify an affidavit filed by the seeker informant (Smt. Reeta) withdrawing the case and to pass appropriate orders within four weeks, thus disposing of the present application by remittal.

What did the court decide?

Direction to the lower court to verify the affidavit filed by Smt. Reeta and pass appropriate orders within four weeks; present application disposed.

Dhobi Lal and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:162138

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 29254 of 2023

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Applicant :- Dhobi Lal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Sachan Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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An affidavit has been filed on behalf of the informant/opposite party no.2-Smt. Reeta, through her Advocate Sri Babu Lal Ram, today in the Court. The same is taken on record.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash Charge-sheet dated 23.11.2019, cognizance order dated 03.02.2022 as well as entire proceeding of Case No.6066 of 2022 (State vs. Dhobi Lal and others) arising out of Case Crime No.179 of 2019 under Sections-323, 504, 506 IPC Section 3/4 D.P. Act, Police Station- Bidhnu District Kanpur Nagar.

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It is stated in paragraph no.6 of the affidavit that an application dated 27.6.2023 was filed by her along with an affidavit in the Court of Additional Chief Metropolitan Magistrate, III, Kanpur Nagar, stating therein that she does not want to pursue the case and the same may be quashed. Copy of the same is annexed as Annexure No. (1) to the affidavit. It is also stated that the aforesaid affidavit has been filed before the court below on 27.6.2023.

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However, learned counsel for the parties submits that a direction may be issued by this Court to the court below to pass appropriate orders on the application filed by the opposite party no.2.

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Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two weeks. It is, therefore, expected that the court below may fix a date for the verification of the affidavit filed before the court below on 27.6.2023 and pass an appropriate order to that effect within next four weeks.

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In view of the above, the present application is disposed of.

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Order Date :- 10.8.2023 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Dhobi Lal and 5 Others v. State of U.P. and Another

Case brief

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Dhobi Lal and 5 Others v. State of U.P. and Another

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