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2025 DAILYLAW 117804 (ALL)

MOHD.SHAMSHAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/378/2025 · 2025-01-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2971 Court No. - 12 Case :- APPLICATION U/S 482 No. - 378 of 2025 Applicant :- Mohd.Shamshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Shahid Raza,Syd Shaheen Fatma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed seeking following main reliefs:- "Wherefore it is most respectfully prays that Hon'ble this court kindly be quash the impugned Chargsheet alongwith cognigence order dated-27/07/2018 passed by A.C.J.M Ambedkar Nagar (State versus Shamshad) arising out of case crime No.-47/2018 under section- 323,376, I.P.C. Police station -Baskhari, District- Ambedkar Nagar. Presently pending before court of court of Additional District & Session Judge(F.T.C.) Ambedkar Nagar on the basis of compromise in the interest of justice. It is further prayed that Hon'ble this court kindly be stayed the further proceeding of criminal case (State versus Shamshad) arising out of case crime No.-47/2018 under section-323,376 I.P.C. Police Station -Baskhari. District - Ambedkarkar Nagar pending before court of Additional District &Session Judge(F.T.C.) Ambedkar Nagar in the interest of justice. It is further prays that Hon'ble this court kindly be quash the entire proceeding of case under section 323, 376, I.P.C (State Vs. Shamshad) arising out of case crime No-47/2018 Police Station -Baskhari., Ambedkar Nagar,pending before court of Additional District & Session Judge (F.T.C.)Ambedkar Nagar, in the interest of justice." On account of some formal defects crept in this application, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file a fresh application with proper pleadings and documents in support thereof. The aforesaid has not been opposed. In view of the above, the instant application is dismissed as withdrawn with liberty, as prayed for. Office is directed to return certified/original copies of the documents annexed with this application to the learned counsel for the applicant as per relevant Rules in this regard. Order Date :- 17.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench