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2025 DAILYLAW 108394 (ALL)

RAMESH YADAV v. STATE OF U.P. AND ANOTHER

A482/40939/2024 · 2025-02-13

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20636 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40939 of 2024 Applicant :- Ramesh Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ashish Kumar Mishra, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Ramesh Yadav, who has been summoned by Court below in exercise of jurisdiction under Section 319 Cr.P.C., to stard trial 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 may graciously be pleased to allow this application and quash the order dated 11.10.2024 passed by learned court of Special Judge, POCSO-2nd, Varanasi in Special Trial No.215 of 2017 (State Vs. Kamlesh Satte and others) whereby issued bailable warrant against applicant under section 376, 363, 506 IPC and 6 POCSO Act, Police Station-Mirzamurad, District- Varanasi in case crime No.0197 of 2017 pending in the court of learned court of Special Judge, POCSO-2nd, Varanasi. It is further prayed that this Hon'ble Court may be pleased to stay the entire proceeding of Special Trial No.215 of 2017 (State Vs. Kamlesh Satte and others) whereby issued bailable warrant against applicant under section 376, 363, 506 IPC and 6 POCSO Act, Police Station-Mirzamurad, District-Varanasi arising out of case crime No.0197 of 2017, pending in the court of learned court of Special Judge, POCSO-2nd, Varanasi, otherwise the applicant shall suffer irreparable loss, and/or to pass such other and further suitable order or direction which this Hon'ble Court, may deem fit and proper in the facts and circumstances of the case." 4. After some arguments, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application. 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 In view of above, the present application u/s 482 Cr.P.C. is accordingly dismissed as withdrawn. 7. Interim order, if any, stands vacated. Order Date :- 13.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad