Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:25355 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5259 of 2025 Applicant :- Anil Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Yash Pratap Singh, the learned counsel for applicant and, the learned A.G.A. for State opposite party 1. Perused the record. Applicant Anil Kumar Jaiswal, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased:- (1) To quash/set aside the entire criminal proceedings of Session Case No. 617 of 2024 (State Vs. Anil Kumar Jaiswal), arising out case crime no. 188 of 2024, under section 64 of B.N.S. Police Station-Rajapur, District- Chitrakoot, in which the trial court had proceeded with the trial, without taking cognizance upon the charge sheet dated 01.10.2024 filed against the applicant in illegal and arbitrary manner, in complete abuse to the due procedure of law. (ii) To stay the further criminal proceedings of Session Case No. 617 of 2024 (State Vs. Anil Kumar Jaiswal), arising out case crime no. 188 of 2024, under section 64 of B.N.S. Police Station-Rajapur, District- Chitrakoot, during the pendency of the present 482 application before this Hon'ble Court. (iii)And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury." After some arguments, the learned counsel for applicant fairly submits that this application be dismissed as withdrawn with liberty to file fresh with better particulars and details. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. representing State opposite party 1.
Accordingly, it is allowed. Present application is, accordingly, dismissed as withdrawn with liberty aforesaid. Certified copy of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copy of the same to be kept on record. Order Date :- 20.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad