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Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 39741 of 2024 Applicant :- Sangh Priy Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Ronak Chaturvedi, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that since charge sheet/police report dated 30.07.2024 submitted by Investigating Officer in terms of Section 173(2) Cr.P.C. has not impugned in present application. The present application challenges only the cognizance taking order/summoning order which is consequential in nature. He, therefore, contends that no application under Section 482 Cr.P.C. lies against consequential order. As such, present application is liable to be dismissed.
4. When confronted with above, the learned counsel for applicant fairly submits that present application be dismissed as withdrawn with liberty to file fresh with better particulars details and with proper relief.
5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant.
6. In view of above, this application is, accordingly, dismissed as withdrawn, with liberty aforesaid.
7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 10.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad