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Neutral Citation No. - 2025:AHC:71775 Court No. - 70 Case :- APPLICATION U/S 482 No. - 13659 of 2023 Applicant :- Gurdev Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Archana Chauhan,Basant Kumar Chauhan,Ghan Shyam Yadav,Neetu Singh,Nishant Kumar,Prashant Kumar Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Order on Withdrawal Application Heard Mr. Nishant Kumar, Advocate, holding brief of Mr. Basant Kumar Chauhan, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Applicant Gurdev Singh has filed above mentioned withdrawal application seeking withdrawal of the present application under Section 482 Cr. P. C. with liberty to move discharge application before Court below. Learned A.G.A. representing State opposite party 1 has no objection to the same. In view of above, the withdrawal application is, accordingly, allowed.
Order on application under Section 482 Cr. P. C. Heard Mr. NIshant Kumar, Advocate, holding brief of Mr. Basant Kumar Chauhan, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Applicant Gurudev Singh, who is a charge sheeted accused and has now been summoned by 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 quash the charge sheet dated 30.3.2020 and cognizance dated 19.6.2020 as well as entire criminal proceeding of Case No.317 of 2020 (State Vs. Gurdev Singh) arising out
of the case crime No.0087/2020 under section 60(1) U.P.Excise Act Police Station Newriya, District Pilibhit, pending before the learned Additional Chief Judge (Junior Division) /Judicial Magistrate, Court No.3 Pilibht. (Annexure No. 1) to the affidavit. It is further prayed that this Hon'ble court may graciously be pleased to stay the further criminal proceeding of Case No.317 of 2020(State Vs. Gurdev Singh) arising out of the case crime No. No.087of 2020 under section 60(1) U.P. Excise Act Police Station Newriya, District Pilibhit, pending before the learned Additional Chief Judge (Junior Division) /Judicial Magistrate, Court No.3 Pilibht. And/or to pass such other or further orders as this hon'ble court may deem fit and proper otherwise the Applicant will suffer irreparable loss and injury." In view of order of date passed on the withdrawal application, present application under Section 482 Cr. P. C. is, accordingly, dismissed as withdrawn with liberty to applicant to approach Court below by filing a discharge application, if there is no legal impediment. Interim order, if any, stands vacated.
Order Date :- 5.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad