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2025 DAILYLAW 108560 (ALL)

HIMANSHU DUA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/40995/2024 · 2025-02-12

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20668 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40995 of 2024 Applicant :- Himanshu Dua And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- Bharat Singh Pal,G.A.,Prashant Kumar Singh Hon'ble Rajeev Misra,J. 1. Heard Mr. Vivek Singh, the learned counsel for applicants, the learned A.G.A. for State and Mr. Bharat Singh Pal, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicants-Himanshu Dua And 3 Others, who are charge sheeted accused, have 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 to quash the Charge sheet dated 03-07-2024 alongwith cognizance order dated 21-09-2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No.3 Ghaziabad as well as entire criminal proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C., Police Station-Nandgram, District-Ghaziabad, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C. Police Station-Nandgram, District- Ghaziabad, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad, during the pendency of present application before this Hon'ble Court. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under circumstances of the case, otherwise applicants shall suffer irreparable loss and injury. " 4. At the very outset, the learned counsel for applicants fairly submits that he be permitted to withdraw the present application with liberty to file a fresh as there are inherent defects in this application which cannot be cured by filing a supplementary affidavit or an amendment application 5. Learned A.G.A. and the learned counsel representing first informant opposite party-2 have no objection to the prayer made by the learned counsel for applicants. 6. In view of above, the present application u/s 482 Cr.P.C. is accordingly dismissed as withdrawn with liberty aforementioned. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicants after obtaining photocopies of the same to be kept on record. Order Date :- 13.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad