The applicant filed an application under Section 482 Cr.P.C. to quash proceedings. Counsel for the applicant submitted an intention to withdraw the application. The court dismissed the application as withdrawn.
Application dismissed as withdrawn with liberty to file an appeal.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 9198 of 2023
Applicant :- Suresh Kumar Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pt. Sita Ram Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Case No. 38 of 2023 (State Vs. Suresh Kumar Sahu), arising out of Case Crime No. 553 of 2022, under Sections 452, 354, 323, 504, 506 IPC and Section 3(2) (VA), 3(1)Dha of SC/ST Act, Police Station Manjhanpur, District Kaushambi as well as charge sheet no.01 dated 03.12.2022, pending in the Court of Special Judge SC/ST Act, Kaushambi.
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, learned 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Accordingly, the instant application is dismissed as withdrawn with liberty as prayed for.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 learned counsel for the applicant as per the Rules of the Court.
Order Date :- 13.4.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Ghulam Rasool Khan and others v. State of U.P. and othersReferred¶6
Ghulam Rasool Khan and others v. State of U.P. and others Criminal Appeal No. 1000 of 2018 2022 (121) ACC 108
Suresh Kumar Sahu
State of U.P.
Vivek Varma
As recorded by the court registry
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