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Neutral Citation No. - 2025:AHC:51371 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11595 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Kumar,Nitika Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Kapil Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.
2. Perused the record.
3. Applicant-Deepak, who is a charge sheeted accused and facing trial before court below, has 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 12.03.2025 passed by Learned Session Judge, Meerut in Session Trial No. 1103 of 2022 (State Vs. Nauraj and others) case crime no. 105 of 2022 under section 323, 352, 504, 506, 302, 34, 120-B I.P.C. police station Jani, District Meerut. It is further prayed that this Hon'ble court may be pleased to direct the Learned Trial Court to provide the opportunity to the applicant for his defense evidence in Session Trial No. 1103 of 2022 (State Vs. Nauraj and others) case crime no. 105 of 2022 under section 323, 352, 504, 506, 302, 34, 120-B I.P.C. police station Jani, District Meerut in the interest of justice. And/or pass such other or further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."
4. On the matter being taken up, the learned counsel for applicant submits that since there are certain inherent mistakes in this application which cannot be cured by filing a supplementary affidavit or an amendment application, therefore, present application be dismissed as withdrawn with liberty to file fresh giving better particulars, details and proper relief.
5. Learned A.G.A representing State-opposite party-1. has no objection to the prayer made by the learned counsel for applicant.
6. In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid.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 applicant after obtaining photocopies of the same to be kept on record. Order Date :- 9.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad