Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29276 Court No. - 71 Case :- APPLICATION U/S 482 No. - 42910 of 2024 Applicant :- Baburam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Ashok Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State.
2. Perused the record.
3. Applicants-Baburam And Another, were earlier exculpated by the Investigating Officer in the charge sheet/police report submitted under Section 173(2) Cr.P.C. but were summoned by Court below while exercising jurisdiction under Section 190(1)(b) Cr.P.C. had earlier approached this Court by means of Criminal Misc. Application No. 10869 of 1983 (Baburam Vs. State of U.P.). Aforesaid application was disposed of vide order dated
15.09.1997. For ready reference, the same is reproduced hereinbelow:-
"A F.I.R. was lodged under Section 302 IPC but the police filed final report which was rejected by the Magistrate and the applicant was summoned. No case for interference at this stage in made out. However, it is provided that in case applicant moves application/files objection within six week from today, the same shall be considered and
disposed of expeditiously by a reasoned order. The interim order dated 22.02.1985 is vacated."
4. Present application came up for admission on 08.01.2025 and this Court passed the following order:-
"1. Heard Mr. Ashok Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.
2. Since the applicant had earlier approached this Court by means of Application under Section 482 Cr.P.C. No. 10869 of
1983 (Baburam and others Vs. State of U.P.), therefore, it is desirable to peruse the record of aforementioned application.
3. Accordingly, office shall place on record the copy of aforementioned application alongwith present application.
4. Matter to come up again as fresh on 20.01.2025. "
5. In compliance of above order dated 08.01.2025 office has provided the digital copy of the aforementioned application under Section 482 Cr.P.C.
6. When confronted with above, the learned counsel for applicants fairly submits that present application be dismissed as withdrawn.
7. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant.
8. In view of above, the present application is, accordingly, dismissed as withdrawn.
9. Interim order, if any, stands vacated.
Order Date :- 28.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad