Irfan Khan Vs State of U.P. and Another

Court No. - 68

Case :- APPLICATION U/S 482 No. - 39849 of 2022 Applicant :- Irfan Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Javed Khan Counsel for Opposite Party :- G.A.,Satish Chandra Sinha

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Hon'ble Mrs. Manju Rani Chauhan,J.

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1. Learned counsel for the applicant submits that the applicant was on interim bail during pendency of these proceedings. After submission of charge-sheet the present application under Section 482 Cr.P.C. was filed challenging the charge-sheet dated 17.02.2022 being C.S. No. 35 of 2022 as well as entire proceedings registered in pursuant thereto as Criminal Case No. 6405 of 2022 (CNR No. UPGH040083172022), 'State v. Sarfaraz & others', under Sections 376, 452, 427, 323, 504, 506 IPC, Police Station Zamania, District Ghazipur, arising out of Case Crime No. 25 of 2022. He further submits that now the applicant has been arrested, therefore, he prays to withdraw this application with liberty to file a fresh application.

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2. Sri Satish Chandra Sinha, learned counsel for opposite party no. 2 opposes the prayer as made by learned counsel for the applicant on the ground that the applicant has filed present petition concealing certain relevant facts, therefore, liberty should not be granted to him.

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3. This Court feels that the right of accused for approaching this Court should not be divested. Accordingly, the this application is dismissed as withdrawn with the liberty as prayed for on behalf of the applicant.

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4. No order as to costs.

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Order Date :- 2.5.2023 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Irfan Khan v. State of U.P. and Another

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Irfan Khan v. State of U.P. and Another

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