Dismissed¶¶15

Smt. Salma v. State of U.P. and 2 Others

Allahabad HC15 Jan 2025A482/39234/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application dismissed as withdrawn; expedite Sessions Trial direction denied; ST No. 1377 of 2023; Sections 366, 376 I.P.C.; Case Crime No. 32 of 2022; Police Station Purkaji; District Muzaffar Nagar; P.W.-1 absent for cross-examination; first informant; interim order vacated; Session Judge Muzaffar Nagar.

What did the court decide?

The application under Section 482 Cr.P.C. is dismissed as withdrawn, following the applicant's counsel being permitted to withdraw it and the A.G.A. having no objection. ¶¶15

Smt. Salma vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:18885

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 39234 of 2024

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Applicant :- Smt. Salma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Miss. Haya Rizvi. the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Smt. Salma, who is the first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Application and direct the learned court below to expedite the proceeding of the Session Trial No. 1377 of 2023 (State Vs. Naushad and another), Under Section 366, 376 I.P.C., Police Station Purkaji, District Muzaffar Nagar arising out of Case Crime No. 32 of 2022, pending before the court of Session Judge, Muzaffar Nagar, within stipulated period, otherwise the applicant shall suffer irreparable loss and injury.

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And/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice."

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On the matter being taken up, the learned A.G.A. has opposed present application with reference to the order sheet. According to the learned A.G.A. when prosecution witness of fact i.e. P.W.-1 is

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herself not appearing before court below for her crossexamination, the prayer prayed for by manes of present application by first informant, Smt. Salma (P.W.-1) is misconceived.

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When confronted with above, the learned counsel for applicant fairly submits that she be permitted to withdraw the present application.

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Learned A.G.A. representing State-opposite party-1, has no objection to the prayer made by the learned counsel for applicant.

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In view of above, present application is accordingly dismissed as withdrawn.

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Interim order, if any, stands vacated.

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Order Date :- 10.2.2025 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Smt. Salma v. State of U.P. and 2 Others

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Smt. Salma v. State of U.P. and 2 Others

Case brief

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