Application under Section 482 Cr.P.C. seeking quashment of charge sheet and proceedings was allowed as withdrawn by the applicant.
Application dismissed as withdrawn.
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Court No. - 71 Case :- APPLICATION U/S 482 No. - 8355 of 2023 Applicant :- Irashad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Ram Sajiwan Prajapati, learned counsel for the applicant, Ms. Arti Agarwal, learned counsel for the State and perused the record.
Counter affidavit with vakalatnama on behalf of the opposite party no.2 has been filed today in Court by Sri Lal Bahadur, Advocate which is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant Irashad with the prayer to quash the impugned charge sheet No. 97 of 2019 dated 03.04.2019 (State Vs. Irshad) as well as entire proceeding of the Case No. 2079 of 2019, arising out of case crime No. 64 of 2019, under Sections 452, 376, 511, 354, 506 I.P.C., P.S.- Nahtaur, District Bijnor, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Bijnor, during the pendency of the present application.
It is pointed by the Office of the Stamp Reporter that previously an application being Crl. Misc. Application 482 No. 18040 of 2021 (Irshad Vs. State of U.P. and another) had filed before this Court by the applicant which is still pending.
On countering about the same, learned counsel for the applicant states that he has filed an order dated 05.05.2022 passed in Crl. Misc. Application 482 No. 18040 of 2021 (Irshad Vs. State of U.P. and another), copy of which is annexed as annexure annexure S.A.1 to the supplementary affidavit dated 01.03.2023.
Learned counsel for the applicant states that the present application be dismissed as withdrawn as he intends to seek appropriate remedy available to him as per law.
Prayer is allowed.
The present application is dismissed as withdrawn.
Order Date :- 14.3.2023 / M. ARIF (Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
Irashad
State of U.P.
Samit Gopal
As recorded by the court registry
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