Allahabad High Court
Salim Farooki vs State Of U.P. And Anr. on 4 April, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 1944 of 2017 Applicant :- Salim Farooki Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vimlesh Gautam,Raj Kumar Gautam Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. No one appears on behalf of the applicant to press this application u/s 482 Cr.P.C. despite the fact that there are two learned counsels appearing in the matter. Sri Devendra Nath Mishra, learned counsel for the State is present.
3. The present application U/S 482 Cr.P.C. has been filed by the applicant- Salim Farooki with the following prayer:-
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and kindly quash/ set aside the order dated 6.7.2016 passed by the learned Chief Judicial Magistrate, Kannauj, by which the learned C.J.M. Kannauj rejected the withdrawal application of the State filed under section 321 Cr.P.C. dated 16.6.2016 in relation to withdrawal of Case No. 2260 of 2009 (State Versus Salim Farooki), arising out of Case Crime No. 777 of 2007, Under Section 352, 504 and 506 1.P.C., Police Station Gursahayganj, District Kannauj, pending in the Court of learned C.J.M. Kannauj, in the interest of justice.
It is further prayed that this Hon'ble Court may graciously be pleased to direct the court below to act according to law under section 321 Cr.P.C. in relation to withdrawal of Case No. 2260 of 2009 (State Versus Salim Farooki), arising out of Case Crime No. 777 of 2007, Under Section 352, 504 and 50? I.P.C., Police Station Gursahayganj, District Kannauj, pendin in the Court of Chief Judicial Magistrate, Kannauj, during the pendency of present case before this Hon'ble Court, otherwise applicant will suffer irreparable loss and injury.
And/or pass such other and further order which t Hon'ble Court may deem fit and proper under the Circumstances of the case."
4. Since there is no representation from the side of the applicant, the present application u/s 482 Cr.P.C. is dismissed for want of prosecution.
5. Office is directed to communicate this order to the concerned court within three weeks from today.
6. Pending application (s), if any, shall stand disposed of.
Order Date :- 4.4.2024 AS Rathore (Samit Gopal,J.)