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Neutral Citation No. - 2025:AHC:32924 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37198 of 2024 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Ankit Tiwari, the learned counsel for applicant and, the learned A.G.A. for State-opposite party no.1.
2. Perused the record.
3. Applicant Mukesh 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 kindly may graciously be pleased to quash/set aside to the judgement and order dated 15/05/2024 by which the learned trial court charged have been framed U/s 343, 366, 376 I.P.C. against the applicant in Session trial No. 1048 of 2024 (State Vs. Mukesh) arising the case crime No. 263 of 2023 police station- Nehtaur, District- Bijnor and it is also prayed before this Hon'ble court kindly may please to quash to the entire criminal proceeding of Session trial No. 1048 of 2024 (State Vs. Mukesh) U/s 343, 366, 376 I.P.C. police station-Nehtaur, District- Bijnor, which is pending in the court of A.D.J./F.T.C. Bijnor."
4. At the very outset, the learned A.G.A. for State-opposite party no.1 has raised preliminary objection to by contending that the first informant has not been impleaded as party- respondent in the present application. As such the present application is bad for non-joinder of necessary and proper party.
5. When confronted with the above, the learned counsel for applicant submits that he may be permitted to withdraw the present application with liberty to file a fresh application giving necessary particulars, details and proper prayer.
6. Prayer so made by the learned counsel for applicant is not opposed by the learned A.G.A. for State.
7. Accordingly, this application is dismissed as withdrawn with liberty aforesaid.
8. Certified copies of the documents enclosed along with application shall be returned to the learned counsel for the applicant after obtaining 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