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2025 DAILYLAW 108199 (ALL)

SMT. NIDHI DIWAKAR v. STATE OF U.P. AND 4 OTHERS

A482/40899/2024 · 2025-02-26

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27044 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40899 of 2024 Applicant :- Smt. Nidhi Diwakar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ansar Haider Rizvi,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Zafar Abbas, learned counsel for the applicant and Shri P.K. Rai, learned brief holder for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the order dated 11.1.2024 passed by Sessions Judge, Sambhal at Chandausi in Session Trial No. 223 of 2023 (State Vs. Kamlesh and others), arising out of case crime No. 151 of 2023, under Sections 323, 504, 506, I.P.C., Police Station Baniyather, District Sambhal at Chandausi, whereby the learned Sessions Judge has not framed the charge under Section 313, Cr.P.C. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 27.2.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad