Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87677 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15536 of 2025 Applicant :- Anshu Kumar Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for applicants and learned AGA for the State.
2. The present application has been filed by applicants for quashing the impugned order dated 18.07.2024 passed by learned Chief Judicial Magistrate, Amroha in Case No.449 of 2019 (State Vs. Anshu Diwari) under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, arising out of Case Crime No.386 of 2018, P.S. Amroha Dehat, District Amroha.
3. Learned counsel for applicant submits that applicant is accused and the informant was having his custody a car of the applicant, however, application was moved before the court concerned after submission of charge sheet for directing the informant to release the car in question, which belongs to applicant.
4. On a query being made to learned counsel for applicant as to how under criminal law, property can be released from the informant to applicant when the same is not a case property, at this stage, learned counsel for applicant submits that he may be permitted to withdraw the present application with liberty to avail civil remedy available under law.
5. Accordingly, the application under Section 528 BNSS is dismissed as withdrawn with aforesaid liberty. Order Date :- 23.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad