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2025 DAILYLAW 171060 (ALL)

DEEP NARAIN NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/12031/2024 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2663 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12031 of 2024 Applicant :- Deep Narain Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Rayees Ahmad Khan, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard Sri Vivek Kumar Rai, learned Counsel for the applicant, Sri Rayees Ahmad Khan appearing for opposite party no.2, learned A.G.A appearing for the State and perused the record. The present application has been filed for the following main relief:- "(i) Quash the order dated 02.12.2024 passed by the Learned District and Sessions Judge, Ambedkar Nagar in Sessions Trial No. 56 of 2020 titled as State of U.P. versus Deep Narain & others contained as (Annexure No. 1). (ii) Pass an appropriate direction to the Learned Trial Court i.e. District and Sessions Judge, Ambedkar Nagar to summon the defense witnesses stated in the application dated 25.10.2024 filed by the petitioner annexed as (Annexure no. 11) in Sessions Trial No. 56 of 2020 titled as State of U.P. versus Deep Narain & others to secure fair and proper trial." After considering the contents of order impugned dated 02.12.2024 passed by District and Sessions Judge, District Ambedkar Nagar as also the contents of the application dated 18/25.10.2024 for summoning of the defence witnesses upon which the impugned order was passed as also the order of this Court dated 10.05.2024 passed in Application U/S 482 No. 4250 of 2024 (Deep Narain Nishad Versus State and another), which was filed challenging the order dated 01.04.2024 whereby the trial court rejected the application dated 27.02.2024 filed by the applicant with a prayer to summon the defence witnesses including the witnesses namely Dr. Babita, Dr. Neelam Vinay and Dr. Bhumika Bansal in relation to whom the subsequent application dated 18/25.10.2024 was moved, on being confronted, learned Counsel for the applicant submits that he does not want to press the present application and the same may be dismissed as withdrawn. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is dismissed as withdrawn. Order Date :- 16.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench