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Neutral Citation No. - 2025:AHC:59252 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4620 of 2025 Applicant :- Rajesh Pal Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Vivek Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Vivek Yadav, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Rajesh Pal, who is a charge sheeted accused, has 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 the application and to stay the effect and operation of order dated 15.01.2025 passed by Additional Session Judge (Court No. 20th) Kanpur Nagar in pending Crime Case P.S Bidhane Kaspar Nager No. 312 of 2012 P.S. Bidhnoo, Kanpur Nagar in Session Trial No. 285/2024 (State Vs. U/S 308, 325, 452, 323, 504, 506, 8427 IPC Prakash and others, u/s 308, 325, 452, 323, 504, 506, 427 IPC and direct the learned court below to take cognizance on Medico Legal Report and summon the supplementary charge sheet from the concerned police station and further may be pleased to direct the learned court below to decide the case within time bound period, otherwise applicant will suffer irreparable loss and injury, and/or may pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." At the very outset, the learned counsel for applicant submits that since there are inherent mistakes in the prayer clause of this application, which cannot be cured by filing an amendment application or a supplementary affidavit, therefore, present application be dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief. Prayer made by the learned counsel for applicant is bona fide. Same is not opposed by the learned A.G.A. Accordingly, it is allowed,
this application is, accordingly, dismissed as withdrawn with liberty aforesaid.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 Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad