Allahabad High Court
Shankar And 3 Others vs State Of U.P. And Another on 9 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 380 of 2023 Applicant :- Shankar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
The matter has been taken up in the revised list.
Heard Sri Anup Kumar Pandey, learned counsel for the applicants, Sri Siddharth Baghel, learned brief-holder for the State and perused the material brought on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants Shankar, Kishori Singh, Munendra Singh and Giriraj with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding as well as impugned charge-sheet dated 21.10.2022 and cognizance order dated 02.12.2022 passed by learned Additional Chief Judicial Magistrate Hathras in Case No. 948 of 2022 arising out of Case Crime No. 0176 of 2022 under Section 353, 186, 323, 504, 506 I.P.C. Police Station Mursan, District Hathras, pending before the learned Additional Chief Judicial Magistrate Hathras.
It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of Case No. 948 of 2022 arising out of Case Crime No. 0176 of 2022 under Section 353, 186, 323, 504, 506 I.P.C. Police Station Mursan, District Hathras, pending before the learned Additional Chief Judicial Magistrate Hathras, during the pendency of present criminal misc. application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury."
Learned counsel for the applicants after arguments at length states that the present application U/s 482 Cr.P.C. be dismissed as withdrawn with liberty to file a better petition.
Prayer as prayed is allowed.
The present application U/s 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.
Office to return the certified copy of the FIR and other necessary documents to learned counsel for the applicant(s) after retaining photocopy of the same.
(Samit Gopal, J.) Order Date :- 9.1.2023 Gaurav