MANISH GUPTA @ MANISH KUMAR GUPTA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4469/2025 · 2025-04-20
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17376 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:59155 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4469 of 2025 Applicant :- Manish Gupta @ Manish Kumar Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Nitin Chandra Pandey Advocate, holding brief of Mr. Shri Prakash Dwivedi, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicants Manish Gupta @ Manish Kumar Gupta and 4 Others, who are charge sheeted accused and have been summoned by Court below, have approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:-
"It is, therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and further be pleased to quash the entire proceeding, charge 16.12.2023 along with cognizance sheet dated order dated 17.02.2024 in Case No.2162 of 2024, pertaining to Case Crime No.0058 of 2023 (State Versus Meera Devi and others), under sections 420, 120B, 504, I.P.C., 506 Police Station Kotwali City, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur. It is further be pleased to stay the further proceeding of Case No.2162 of 2024, (State Versus Meera Devi and others), under sections 420, 120B, 504, 506 I.P.C., Police Station Kotwali City, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur, during the pendency of the instant case before this Hon'ble court, And/Or to pass such other and further order ΟΙ direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." Upon perusal of record, this Court finds that the present application is devoid of material particulars and the grounds which have been raised are not only vague but also unsustainable. At this juncture, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars, details and proper relief. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid.
Certified copies of documents appended along with this application shall be returned to learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 21.4.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad