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2024 DAILYLAW 2923 (ALL)

ASHISH CHAND SRIVASTAVA v. STATE OF U.P. AND ANOTHER

A482/38398/2024 · 2026-05-06

Saurabh Srivastava

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38398 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for challenging the order dated 21.08.2024, which has been prayed as an order passed by learned Special Judge (Anti Corruption), Meerut, through which cognizance of offence has been taken up over the report dated 13.08.2024. 3. The instant application u/s 482 Cr.P.C. has been filed on dated 01.10.2024 and as per the order-sheet available co-ordinate Bench of this Court vide order dated 13.11.2024 after hearing learned counsel for the parties, issued notice to opposite party no.2 by way of inviting counter affidavit and rejoinder affidavit within a period of next date of listing that was by 20.12.2024 and thereafter another co-ordinate Bench of this Court while taking up the matter on 08.10.2025, release the matter for listing before another Bench after obtaining nomination from Hon'ble the Chief Justice and the instant matter has been nominated to this Bench vide order dated 27.10.2025 and thereafter this matter was listed before this Court on dated 12.12.2025 and on that date, the matter was listed for 18.12.2025. 4. On dated 18.12.2025, there was an illness marked by Sri Devendra Vikram Singh, learned counsel for opposite party no.2 and as such a detail order has been passed in the light of direction issued by Apex Court and the matter was again directed to be listed on the very next date, i.e., 19.12.2025 at 12:00 p.m. 5. On dated 19.12.2025, Sri Sanjay Singh, Advocate holding brief of Sri Versus Counsel for Applicant(s) : Arun Mishra, Vijay Pratap Singh Counsel for Opposite Party(s) : Devendra Vikram Singh, G.A., Satendra Singh Ashish Chand Srivastava .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Devendra Vikram Singh, learned counsel for opposite party no.2 prayed and granted a week's time to prepare the matter for proper assistance of the Court and the matter was directed to be listed on 06.01.2026. 6. On cautious consideration for compliance of the direction issued by Apex Court, matter was again taken up on dated 06.01.2026, but in revised list there was no representation from the side of applicant and the matter was adjourned and directed to be listed on 12.01.2026. 7. On dated 12.01.2026, learned counsel for opposite party no.2 prayed and granted two weeks' time to file counter affidavit and two weeks thereafter for rejoinder affidavit and the matter was again listed for 12.02.2026. 8. On dated 12.02.2026, learned counsel for the applicant again prayed and granted a week's time to file rejoinder affidavit and directed to list the matter on 23.02.2026. 9. Due to change of roster, again the instant matter has been nominated by Hon'ble the Chief Justice to this Bench vide order dated 22.02.2026 and the same was listed on 27.04.2026 and on that very specific date, as per the prayer made by learned counsel for the applicant, the matter was directed to list on the very next date, i.e., 28.04.2026 at 11:00 am. 10. On dated 28.04.2026, on the request of learned AGA, who was not having his file, the matter was listed for 07.05.2026 at 2:00 pm. 11. The above-mentioned information is necessary to show the eagerness to decide the matter by this Bench in compliance to the direction issued by Apex Court vide order dated 23.09.2025 in Special Leave Petition (Criminal) Diary No(s). 50824 of 2025. 12. Today, when the matter has been taken up at 2:00 pm, at the very outset learned counsel for the applicant submits that he wants to withdraw the instant application over which Sri Satendra Singh, learned counsel for opposite party no.2 as well as learned AGA has no objection. 13. In view of above, the instant application u/s 482 Cr.P.C. is dismissed as withdrawn. May 7, 2026 Saif A482 No. 38398 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad