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2025 DAILYLAW 134472 (ALL)

ASHOK KUMAR YADAV ALIAS ASHOK YADAV AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO.AND ANOTHER

A482/3275/2025 · 2025-04-21

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22300 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3275 of 2025 Applicant :- Ashok Kumar Yadav Alias Ashok Yadav And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Civil Sectt. Lko.And Another Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 17.03.2025 (contained as Annexure no. 1 to this petition), passed by the learned Additional Civil Judge (Senior Division), Court No. 2/Additional Chief Judicial Magistrate, Sitapur, in Criminal Case No. 2613895 of 2017; State vs. Ashok Kumar Yadav and Ors., arising out of Case Crime No. 234 of 2016, under Sections 452, 323, 504, 506 IPC., relating to the Police Station- Machhrehta, District Sitapur, allowing the application, under Section 321 Cr.P.C. moved by the prosecution for withdrawing the aforesaid case against the petitioners, in the interest of law and justice." Learned AGA has raised a preliminary objection regarding the maintainability of the present application on the ground that the application under Section 321 Cr.P.C. can only be moved by the Public Prosecutor and the accused has no right in the same. Here in the present case, the application was moved by the Public Prosecutor which was rejected by the court by its order dated 17.03.2025, against which the present application under Section 482 Cr.P.C. has been preferred by the applicants, who are accused persons, which is not maintainable on their behalf. At this stage, learned counsel for the applicants has submitted that the applicants may be permitted to withdraw the present application as dismissed as not pressed. In view of above, the present application is dismissed as not pressed. Order Date :- 21.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench