PRAJJWAL NISHAD @ PRAJJWAL KUMAR v. STATE OF U.P. AND ANOTHER
A482/36520/2024 · 2025-03-05
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105549 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32897 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36520 of 2024 Applicant :- Prajjwal Nishad @ Prajjwal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- Anand Kumar, Nilesh Kumar Dubey,G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Shashi Shekhar Maurya, the learned counsel for applicant, the learned A.G.A. for State-opposite party no.1 and Mr. Ranu, Advocate holding brief of Mr. Nilesh Kumar Dubey, the learned counsel representing first informant/opposite party no.2.
2. Perused the record.
3. Applicant Prajjwal Nishad @ Prajjwal Kumar who is a charge-sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quashing the impugned cognizance order dated 02-04-2024 in case no. 17372/2024 as well as charge sheet dated 13/01/2024 arising out from Case Crime No. 0667/2023 U/S- 376 & 504 I.P.C. P.S.- Chiluatal, District-Gorakhpur which has been pending before in the court of A.C.J.M./Civil Judge (Sr. Division), Court No.2 Gorakhpur, District- Gorakhpur and also quash the entire proceeding in Case Crime No. 0667/2023 U/S- 376 & 504 I.P.C. P.S.- Chiluatal, District- Gorakhpur which has been pending before in the court of A.C.J.M. / Civil Judge (Sr. Division), Court No.2 Gorakhpur, District- Gorakhpur."
4. At the very outset, the learned counsel for applicant submits that since there are inherent defects in the present application, which cannot be cured by filing a supplementary affidavit or an amendment application, therefore, the present application be dismissed as withdrawn with liberty to file fresh application giving better particulars, details and proper prayer.
5. Prayer so made by the learned counsel for applicant is not opposed by the learned A.G.A. for State-opposite party no.1 and Mr. Ranu, Advocate holding brief of Mr. Nilesh Kumar
Dubey,
the
learned
counsel
representing
first informant/opposite party no.2.
6. In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid.
7. Certified copies of the documents enclosed along with this application shall be returned to the learned counsel for applicant after obtaining the photo copies of the same to be kept on record. (Rajeev Misra, J.)
Order Date :- 6.3.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad