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Neutral Citation No. - 2025:AHC:127067 Court No. - 76 Case :- APPLICATION U/S 482 No. - 8066 of 2024 Applicant :- Arun Kukmar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Das Mishra,Vindhyachal Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing the entire proceeding of Session Trial No. 407A of 2003 (State Vs. Arun Kumar pandey), Case Crime No. 142 of 2003, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Billahor, District Kanpur Nagar.
3. It has been submitted by learned counsel for the applicant that the co-accused in the present case have already been acquitted. The trial of the applicant was separated, as a result of the same, trial court of the applicant could not proceed.
4. At this stage, learned counsel for the applicant submits that he may be permitted to raise the issue before the court concerned at the stage of discharge application.
5. In view of aforesaid, learned counsel for the applicant submits that he may be permitted to withdrawn the present application with liberty to file the discharge application.
6. Considering the facts and circumstances of the case, the applicant is permitted to withdraw the instant application with liberty to raise the issue with regard to the acquittal of the co- accused before the court concerned at the stage of discharge.
7. Till the decision of the discharge application, the applicant may appear through counsel.
8. The discharge application is required to be filed within 15 days.
9. If the discharge application is not filed within 15 days, the present protection granted by this Court shall automatically withdrawn.
10. The application is disposed of. Order Date :- 29.7.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad