KALU KHAN ALIAS SHARIQ AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6369/2025 · 2025-03-16
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19329 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19329 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37254 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6369 of 2025 Applicant :- Kalu Khan Alias Shariq And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Hitesh Pachori, the learned counsel for applicants and the learned A.G.A. for State.
2. Perused the record.
3. Applicants- Kalu Khan Alias Shariq And 2 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 528 BNSS with the following prayer:-
"It is therefore, Most Respectfully Prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 29.01.2025 passed by Ld. Additional District & Session Judge, Court No. 06, Agra, in Session Trial No. 890/2023 [State Vs. Kalu Khan & others), arising out of Case Crime No. 0037/2023, under Section 302 & 201 I.P.C., Police Station Tajganj, District Agra. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the impugned order dated 29.01.2025 passed by Ld. Additional District & Session Judge, Court No. 06, Agra, otherwise the applicants shall suffer irreparable loss and injury, and/or pass such other and further
order which this Hon'ble Court may deem fit and proper in the circumstances of the case."
4. At the very outset, the learned counsel for applicants fairly submits that in view of subsequent developments that have taken place this application be dismissed as withdrawn with liberty to file fresh with better particulars details and comprehensive relief.
5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicants.
6. In view of above, this application is, accordingly, dismissed as withdrawn, with liberty aforesaid.
7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicants after obtaining photocopies of the same to be kept on record.
Order Date :- 17.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad