Application under Section 482 CrPC to challenge the rejection of an application to summon defence evidence was dismissed as not pressed by the applicant, with liberty to file appropriate proceedings before a competent jurisdiction.
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Neutral Citation No. - 2024:AHC:114140
Court No. - 78
Case :- APPLICATION U/S 482 No. - 21571 of 2024
Applicant :- Sunder Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Maurya,Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Mukesh Kumar, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record.
Sri Raghuraj Singh, learned counsel for the applicant, Sri Mukesh Kumar, learned counsel for the opposite party no. 2 and Sri Alok Mishra, 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 order dated 13.08.2021 passed by Additional Sessions Judge, Court No. 18 Ghaziabad, in Sessions Trial No. 98 of 2020 (State Vs. Rohit Gupta and others), arising out of Case Crime No. 1918 of 2019, under Sections 120-B/302, 506 of I.P.C., Police Station- Kavi Nagar, District- Ghaziabad, whereby the trial court rejected the application of the accused/ applicant which has been filed to summon the defence evidence.
Learned counsel for the applicant fairly admits that the charge has been framed against the applicant and other persons recently and the case is pending for prosecution evidence.
After some arguments, learned counsel for the applicant does not want to press the application and wants liberty to file an appropriate application/ proceedings 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 :- 18.7.2024/Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Rohit Gupta and others
As recorded by the court registry
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