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Neutral Citation No. - 2025:AHC:48936 Court No. - 70 Case :- APPLICATION U/S 482 No. - 38831 of 2024 Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Ajay Singh Counsel for Opposite Party :- G.A. Connected with Case :- APPLICATION U/S 482 No. - 26104 of 2023 Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Ajay Singh,P.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Kunwar Ajay Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Surendra Singh has approached this Court by means of present Application U/s 482 Cr.P.C. No. 38831 of 2024 (Surendra Singh Vs. State of U.P. and Another) with the following prayer;-
"It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to allow this application and quash the impugned order dated 26.09.2024 passed by Judicial Magistrate, Iglas, in case no. 351 of 2021 in case crime no. 230 of 2021 (state Vs. Anil Chaudhary and others) under Section 420 IPC and 60 (1) Excise Act, police station-Gonda, District Aligarh and further be pleased to stay the entire proceeding of case no. 351 of 2021 in case crime no. 230 of 2021 (state Vs. Anil Chaudhary and others) under Section 420 IPC and 60 (1) Excise Act, police station-Gonda, District Aligarh, pending in the Court of Judicial Magistrate, Iglas, District Aligarh. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the impugned order dated 26.09.2024 passed by Judicial Magistrate, Iglas, in case no. 351 of 2021 in case crime no. 230 of 2021 ( state Vs. Anil Chaudhary and others) under Section 420 IPC and 60 (1) Excise Act, police station-Gonda, District Aligarh pending in the Court of Judicial Magistrate, Iglas, District Aligarh. And or to pass other further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. Applicant-Surendra Singh has also filed Application U/s 482 Cr.P.C. No. 26104 of 2023 (Surendra Singh Vs.
State of U.P. and Another) with the following prayer;-
"It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to allow this application under section 482 of Cr.P.C. and set aside of order of framing charge dated 15.5.2023 by the Judicial Magistrate, Iglas Aligarh in Case No. 351 of 2021 (State vs. Anil Chaudhary and others) under sections 420 IPC and 60(1) Excise Act, Police station Gonda, District Aligarh. And/or to pass such other and further order or direction which this Hon'ble court may deem fit and proper under the circumstances of the present case."
5. On the matter being taken up, the learned counsel for applicant submits that applicant does not wish to press these applications any further. He, therefore, contends that aforementioned applications be dismissed as withdrawn. 6. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. In view of above, these applications are, accordingly, dismissed as withdrawn. 8. Interim order, if any, stand vacated. Order Date :- 5.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad