MOIZ AKHTAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7500/2025 · 2025-09-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163060 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7500 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Vakalatnama filed on behalf of opposite party No.2 by Shri Prashant Vikram Singh, Advocate is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the opposite party No.2 and perused the record. The instant petition has been filed seeking following main relief(s) :-
"The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash summoning order dated 10.03.2025 as well as the non bailable warrant dated 13.08.2025 in Complaint Case No. 23/2024, Under section- 406, 420 I.P.C. Police Station - Kotwali Ayodhya, District -Ayodhya Pending in the court of Additional Civil Judge (J.D.), IInd/ J.M. Ayodhya, as it relates to petitioner. It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of Complaint Case No. 23/2024, Under section 406, 420 I.P.C. Police Station Kotwali Ayodhya, District -Ayodhya Pending in the court of Additional Civil Judge (J.D.), IInd/ J.M. Ayodhya." Versus Counsel for Applicant(s) : Vinay Kumar Tiwari Counsel for Opposite Party(s) : G.A. Moiz Akhtar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Learned counsel for the opposite party No.2 has raised a preliminary objection regarding the entertainablity of the petition on the ground that the applicant has already filed the revision before the Session Court at Ayodhya challenging the order dated 10.03.2025, which has been challenged in the present application, along with an application seeking condonation of delay and this fact has not been disclosed by the applicant in the present application as such, the instant application be dismissed with heavy cost.
Learned counsel for the opposite party No.2 has placed before this court the relevant document for perusal of the court, the same are kept on record. On being confronted, learned counsel for the applicant Shri Vinay Kumar Tiwari has stated that the relevant facts were not brought to his notice and he prays for withdrawal of the application. The aforesaid has not been opposed. In view of the above, the instant application is dismissed as withdrawn. September 9, 2025 ML/- A482 No. 7500 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench