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2025 DAILYLAW 21603 (ALL)

JISAN v. STATE OF U.P. AND 3 OTHERS

NA528/5742/2025 · 2025-03-31

Rajeev Misra

body2025

Judgment text

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Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 5742 of 2025 Applicant :- Jisan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. I.K. Shukla, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Jisan, who is a charge sheeted accused and facing trial before Court below, 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 to allow this application and quashing the summoning order dated 21.12.2024 issued by Additional District and Session Judge, Bijnor/ Special Judge, POCSO Act, Bijnor in Session Case No. 2290 of 2024 (State Vs. Jisan and Shahrukh), arising out of Case Crime No.104 of 2023, under section 363, 366, 506, 376 I.P.C. and section 3/4 POCSO Act, Police Station-Seohara, District Bijnor, pending in the court of Additional District and Session Judge, Bijnor/Special Judge, POCSO Act, Bijnor; and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. After some arguments, the learned counsel for applicant fairly submits that since there are inherent mistakes in the application, therefore, this application be dismissed as withdrawn with liberty to file fresh giving better particulars, details and proper relief. 5. Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A. 6. Accordingly, it is allowed. 7. In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid. 8. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining a photo copies of the same to be kept on record. Order Date :- 1.4.2025/Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad