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2025 DAILYLAW 155968 (ALL)

SHAH KHALID ATA @ SHAH MOHD. KHALID ATA AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7492/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7492 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard. The instant application has been filed seeking following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned summoning order dated 28.03.2023 passed by Third Additional Chief Judicial Magistrate, Court No.13, Raibareli against the Petitioners, in Complaint Case No.539/2016 (Smt. Shanti Devi V/s Alam and others), Under Sections- 147, 323, 354, 504, 506 IPC relating to Police Station- Salon, District- Raibareli and order dated Vth Additional Sessions Judge/Special Judge Gangster Act, Raibareli Criminal Revision No.142/2023, titled as Shah Khalid Ata V/s State of U.P. and another, as contained in Annexure No. 1 and 2 to the Petition. And it is further prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Complaint Case No.539/2016 (Smt. Shanti Devi V/s Alam and others) Under Sections- 147, 323, 354, 504, 506 IPC Police Station- Salon, District- Raibareli pending in the court of learned Third Additional Chief Judicial Magistrate, Court No.13, Raibareli and Criminal Revision No.142/2023, titled as Shah Khalid Ata V/s State of U.P. and another, pending in the court of Vth Additional Sessions Judge/Special Judge Gangster Act, Raibareli, in the interest of justice." In paragraph 3 of the supplementary affidavit filed in the Court today, which is taken on record, it has not been indicated that which is the Versus Counsel for Applicant(s) : Anil Kumar Awasthi Counsel for Opposite Party(s) : G.A. Shah Khalid Ata @ Shah Mohd. Khalid Ata And 7 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) correct name of father of applicant No. 1 and Sri Anil Kumar Awasthi, Advocate, who appeared for the applicants, is himself confused about the said aspect of the case. Taking note of the aforesaid, on being confronted, learned counsel for the applicants prays for withdrawal of this application with liberty to the applicants to file a fresh application with correct particulars, 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 document, if any, annexed with this application to the learned counsel for the applicants as per Rules in this regard. September 15, 2025 Arun/- A482 No. 7492 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench