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2025 DAILYLAW 37712 (ALL)

DHANANJAY YADAV v. STATE OF U.P.

NA529/745/2025 · 2025-05-15

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80984 Court No. - 78 Case :- APPLICATION U/S 529 BNSS No. - 745 of 2025 Applicant :- Dhananjay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. In re : Criminal Misc. Withdrawal Application No. 1 of 2025 Heard learned counsel for the applicant and learned A.G.A. representing the State. The aforesaid application under Section 529 BNSS, 2023 has been preferred by the applicant to decide Special Trial No. 15 of 2007 (State Vs. Brajesh Tarar and others) under Section 7/13 Prevention of Corruption Act, police station Khairghat, district Bahraich pending in the Court of Special Judge (Anti Corruption Act), Gorakhpur within the stipulated period. On 07.05.2025, following order was passed by this Court: "The instant application has been preferred by the applicant seeking expeditious disposal of his trial. Learned Additional Government Advocate referring the order sheet of the trial court submits that the applicant is also responsible for delay in concluding his trial, because at the initial stage, he was not appearing before the trial court, hence non bailable warrant was also issued against him to secure his presence. Under the facts and circumstances of the case, applicant cannot claim that his trial has not been concluded within reasonable time. In response, learned counsel for the applicant submits that the applicant does not want to press this application, therefore, he may be permitted to withdraw this application. He prays for and is granted three days' time to move appropriate application to withdraw this application. Put up this case as fresh on 12.05.2025." Learned counsel for the applicants submits that pursuant to aforesaid order dated 07.05.2025, the applicant has preferred the instant application dated 09.05.2025 with a prayer to dismiss the aforesaid application under Section 529 BNSS, 2023 as withdrawn, which is liable to be allowed. Learned A.G.A. for the State has no objection to such prayer of learned counsel for the applicant. Accordingly, instant withdrawal application dated 09.05.2025 is allowed. In re : Application under Section 529 BNSS No. 745 of 2025 In view of the above order passed in Criminal Misc. Withdrawal Application No. 1 of 2025, the application under Section 529 BNSS is dismissed as withdrawn/not pressed. Order Date :- 16.5.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad