Allahabad High Court
Istekhar vs State Of U.P. And Another on 7 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 11979 of 2023 Applicant :- Istekhar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Adil Khan, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State.
The present application U/S 482 Cr.P.C. has been filed by the applicant- Istekhar with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned order dated 20.09.2022 passed by Prinicipal Judge, Family Court, Amroha in Case No. 397 of 2022 (Istekhar Vs. Smt. Sajida) under Section 126 (2) Cr.P.C. as well as impugned ex-party order dated 24.01.2022 passed by Prinicipal Judge, Family Court, Amroha in Case No. 314 of 2020 (Smt. Sajida vs. Istekhar) under Section 125 Cr.P.C. Police Station Rajabpur, District Amroha (Annexure Nos. 02 to 04 to the affidavit).
It is further may be pleased to stay the effect and operation of the impugned order dated 20.09.2022 passed by Prinicipal Judge, Family Court, Amroha in Case No. 397 of 2022 (Istekhar Vs. Smt. Sajida) under Section 126 (2) Cr.P.C. as well as impugned ex-party order dated 24.01.2022 passed by Prinicipal Judge, Family Court, Amroha in Case No. 314 of 2020 (Smt. Sajida vs. Istekhar) under Section 125 Cr.P.C. Police Station Rajabpur, District Amroha otherwise the applicant shall suffer an irreparable loss and injury.
And / or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
After some arguments, learned counsel for the applicant states that the present application be dismissed as withdrawn with liberty to file a better petition as the application u/s 126 (2) Cr.P.C. has not been filed which he intends to file.
As prayed, the present application U/S 482 Cr.P.C. is dismissed as withdrawn.
Certified copies, if any, be returned to as per rules.
Order Date :- 7.4.2023 AS Rathore (Samit Gopal,J.)