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2025 DAILYLAW 51606 (ALL)

ZAMIL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14965/2025 · 2025-05-06

Rajeev Misra

body2025

Judgment text

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Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14965 of 2025 Applicant :- Zamil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Mishra,Deepanshu Jadon Counsel for Opposite Party :- G.A.,Vikas Sharma Hon'ble Rajeev Misra,J. Heard Mr. Ashish Mishra, the learned counsel for applicants, the learned A.G.A. for State/opposite party-1 and Mr. Vikas Sharma, the learned counsel for injured. Perused the record. On the matter being taken up, Mr. Vikas Sharma, the learned counsel for injured has raised a preliminary objection by contending that first informant has already died in the year 2011. He has also produced the death certificate of the first informant. On the aforesaid premise, it is thus urged that since a dead person has been impleaded as party respondent, in present application as such present application suffers from vice of joinder of unnecessary and improper parties. Accordingly, present application is not maintainable and therefore liable to be dismissed. When confronted with above, the learned counsel for applicants submits that he be permitted to withdraw the present application with liberty to file fresh, giving better particulars. Prayer made by the learned counsel for applicants is not opposed by the learned A.G.A. In view of above, this application is accordingly dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 7.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad