The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The applicant withdrew the prayer on merits and sought liberty to move for discharge before the trial court, which was granted.
Liberty granted to seek discharge in the trial court.
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Neutral Citation No. - 2024:AHC:125629
Court No. - 77
Case :- APPLICATION U/S 482 No. - 9172 of 2024
Applicant :- Dropadi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Mohan Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and also prevent the abuse of process of Court, Stay the meanwhile and finally be quashed the further proceeding of the Criminal Case No. 1077 of 2020 (State Vs. Raghvendra) and also cognizance order dated 04.02.2020 U/s- 147, 323, 506 IPC passed by Chief Judicial Magistrate Kanpur Dehat, in Criminal Case No. 1077 of 2020 (State Vs. Raghvendra) which is still pending in the court of Chief Judicial Magistrate, Kanpur Dehat arising out of Case Crime No. 0541 of 2018, Under Sections- 147, 323, 506 IPC registered at Police Station Gatampur, District Kanpur Nagar, instituted by the O.P. No. 2 on malicious, false, fictitious and concocted prosecution story which absolutely amounts to abuse the process of the court, during the pendency of instant Criminal Misc. Application before the Hon'ble High Court. And/or pass such other and further order which this Hon'ble High Court may deem fit and proper in the facts and circumstances of the case so that justice be done."
accordance with law.
(Samit Gopal,J.)
Order Date :- 5.8.2024 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings amount to abuse of process of court and warrant quashing under Section 482 Cr.P.C.
2 provisions across 2 enactments
Dropadi And 3 Others
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
