AMBIKA SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/14957/2025 · 2025-05-06
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51270 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:73589 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 14957 of 2025 Applicant :- Ambika Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purushottam Mani Tripathi 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 parties. The aforesaid application under Section 528 BNSS, 2023 has been preferred by the applicants with a prayer to quash the order dated 01.01.2025 passed by Additional Chief Judicial Magistrate-2, Gorakhpur in Criminal Case No. 02/25/1995 (Old Case No. 2228/2000) (State Vs. Ambika Singh and others) arising out of Case Crime No. 176 of 1994, under Sections 425, 426, 427, 433 IPC, Police Station Khorabar, District Gorakhpur, whereby learned Magistrate has rejected the application under Section 321 Cr.P.C. moved by the State through Senior Public Prosecutor, Gorakhpur. On 30.04.2025, following order was passed by this Court:
"On the matter being taken up, learned counsel for the applicants submits that the applicants do not want to press the aforesaid application U/s 528 BNSS, therefore, they may be allowed to withdraw this application. He prays for and is allowed three days' time to move an appropriate application in this regard. Let this matter be listed on 05.05.2025 as fresh."
Learned counsel for the applicants submits that pursuant to aforesaid order dated 30.04.2025, the applicants have preferred the instant application dated 01.05.2025 with a prayer to dismiss the aforesaid application under Section 528 BNSS, 2023 as withdrawn, which is liable to be allowed.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 applicants.
Accordingly, instant withdrawal application dated 01.05.2025 is allowed. In re : Application under Section 528 BNSS No. 14957 of 2025 In view of the above order passed in Criminal Misc. Withdrawal Application No. 1 of 2025, the application under Section 528 BNSS is dismissed as withdrawn/not pressed.
Order Date :- 7.5.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad