Neutral Citation No. - 2025:AHC:7222 Court No. - 71 Case :- APPLICATION U/S 482 No. - 39637 of 2024 Applicant :- Javid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purnima Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sunil Kumar Singh, Advocate, holding brief of Miss Purnima Singh, the learned counsel for applicant and, the learned A.G.A. for State opposite party 1. Perused the record. Applicant Javid, 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 the Hon'ble Court may graciously be pleased to allow the application and be pleased to stay the effect and operation of Summoning order 18.10.2024 (State Vs. Asif Khan and others) and entire criminal proceeding in Case No. 3972 of 2019 arising out of Case Crime No. 235/2018, under Section 316, 376D, 377, 506 I.P.C., Police Station Chandpa District Hathras, pending before learned Civil Judge, (Junior Division)/F.T.C./Additional Chief Judicial Magistrate, (Applicant has been summoned under Section 376D, 377, 506 I.P.C.) It is, further prayed that this Hon'ble Court may kindly be pleased to quash the Summoning order 18.10.2024 (State Vs. Asif Khan and others) and entire criminal proceeding in Case No. 3972 of 2019 arising out of Case Crime No. 235/2018, under Section 316, 376D, 377, 506 I.P.C., Police Station Chandpa District Hathras, pending before learned Civil Judge, (Junior Division)/F.T.C./Additional Chief Judicial Magistrate, (Applicant has been summoned under Section 376D, 377, 506 I.P.C.) during the pendency of present criminal misc. application before this Hon'ble Court, otherwise the Applicants shall suffer irreparable loss and injury And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case." Learned counsel for applicant submits that in view of inherent defects in the present application, which cannot be cured by filing an amendment application or by supplementary affidavit, therefore, the present application be dismissed as withdrawn with liberty to file fresh. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. representing State opposite party 1. Accordingly, present application is dismissed as withdrawn with liberty aforesaid. Certified copy of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copy of the same to be kept on record. Order Date :- 16.1.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad