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2025 DAILYLAW 122036 (ALL)

SANDEEP KUMAR TIWARI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1082/2025 · 2025-02-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8489 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1082 of 2025 Applicant :- Sandeep Kumar Tiwari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed seeking following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying affidavit and also to secure the ends of justice and to prevent the abuse of process of court, it is very humbly prayed before this Hon'ble Court that may kindly be pleased to quash/set-aside the entire proceedings of Crl. Case No. 29857 of 2024 (State of U.P. Versus Sandip Tiwari & others) arising out of impugned charge-sheet No. 491/2022, dated 28.10.2022 filed by the investigating officer against the applicant/petitioner in Case Crime No. 0081/2022, Under Section-419 & 420 I.P.C. pertaining to Police Station-Antoo, District-Pratapgarh and impugned cognizance/summoning order dated 26.04.2024, passed by the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Room No. 23, Pratapgarh, as contained in Annexure No. 1 & 2 respectively to the affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Crl. Case No. 29857 of 2024 (State of U.P. Versus Sandip Tiwari & others) arising out of impugned charge-sheet No. 491/2022, dated 28.10.2022 filed by the investigating officer against the applicant/petitioner in Case Crime No. 0081/2022, Under Section-419 & 420 I.P.C. pertaining to Police Station-Antoo, District-Pratapgarh and impugned cognizance/summoning order dated 26.04.2024, passed by the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Room No. 23, Pratapgarh, during the pendency of this petition, in the interest of justice." At the very outset, 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 :- 10.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench