A special application under Section 482 CrPC to quash criminal proceedings was dismissed as the applicant did not wish to press it, granted liberty to file an appropriate application before the competent jurisdiction.
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Neutral Citation No. - 2024:AHC:126121
Court No. - 78
Case :- APPLICATION U/S 482 No. - 20447 of 2024
Applicant :- Krishna Kumar @ Kishan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Pandey,Vikrant Pandey Counsel for Opposite Party :- G.A.,Onkar Singh,Shyam Sunder Mishra
Hon'ble Sanjay Kumar Pachori,J.
Sri Atul Pandey, learned counsel for the applicant and Sri Onkar Singh, learned counsel for the private opposite party no. 2 and Sri R.K. Singh, learned A.G.A. for the State are present.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceeding of Special Case No. 660 of 2023 (State vs. Krishna Kumar @ Kishan Kumar and others), arising out of Case Crime No. 181 of 2023, under Sections 323, 376AB IPC and 5 and 6 of POCSO Act, P. S. Thariyanw, District Fatehpur as well as cognizance/summoning order dated 20.07.2023, pending in the court of Additional Session Judge/Special Judge (POCSO Act), Fatehpur.
After some arguments, learned counsel for the applicant does not want to press the application and wants liberty to file a appropriate application before the court of competent jurisdiction.
Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the aforesaid liberty.
Order Date :- 6.8.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to allow the applicant liberty to file another application to quash proceedings.
Whether to dismiss the application when not pressed by the applicant.
1 provisions across 1 enactments
Krishna Kumar @ Kishan Kumar
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
