Allahabad High Court
Jitendra Kumar vs State Of U.P. Thru. Secy. Home Govt. Of ... on 7 February, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:8040 Court No. - 12 Case :- APPLICATION U/S 482 No. - 873 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 483 Cr.P.C. has been filed for the following main relief(s):-
"WHEREFORE, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Impugned Order dated: 11/08/2021 passed by Additional Session Judge Room No.05 Sultanpur U/S 319 of the Criminal Procedure Code and order dated: 14/10/2024 in Session Trial No.465/2015 (State Vs. Uma Shankar Upadhyay & others) Case Crime No.- 468/2012 F.I.R. No.106/2012 U/S. 307& 506 of 1.P.C. Police Station- Jamo, District- Amethi, that are being annexed as ANNEXURE No.1 &2. to this petition."
Vide order dated 11.08.2021, the Additional Sessions Judge, Court No.5, Sultanpur (in short "trial court") after considering the statement of injured witnesses Abdul Kasim (PW 1) and Abul Salam (PW 2) summoned the present applicant in exercise of power under Section 319 Cr.P.C. to face trial for the offence under Section 307 read with Section 34 I.P.C. and Section 506 I.P.C.
Upon due consideration of the statement of the injured witnesses on record, annexed at pages 64 to 79 as also the law in this regard settled by the Hon'ble Apex Court in the case of Hardeep Singh Vs. State of Punjab (2014) 3 SCC 92, Brijendra Singh and Others Vs. State of Rajasthan, (2017) 7 SCC 706, Rajesh and Others Vs. State of Haryana, (2019) 6 SCC 368, Manjeet Singh Vs. State of Haryana & Ors., (2021) 18 SCC 321, Sukhpal Singh Khaira Vs. State of Punjab, (2023) 1 SCC 289, Yashodhan Singh and Others Vs. State of U. P. and Others, (2023) LiveLaw (SC) 576 : 2023 INSC 652) and in the case of Omi @ Omkar Rathore & anr. Vs. The State of Madhya Pradesh & anr., Special Leave Petition (Crl.) No(s).17781 of 2024, on being confronted, learned counsel for the applicant says that he may be permitted to withdraw the present application with liberty to seek the benefit of the judgment of Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine.
In the aforesaid circumstances, the application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.
Order Date :- 7.2.2025 ML/-