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2025 DAILYLAW 76987 (ALL)

KASHIF v. STATE OF U.P. AND ANOTHER

NA528/26331/2025 · 2025-07-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121544 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26331 of 2025 Applicant :- Kashif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noori Ullah Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Sudhir Kumar Agarwal on behalf of opposite party no. 2 is taken on record. 2. Learned counsel for the applicant seeks to withdraw the application, wherein challenge has been raised to set aside the impugned order dated 13.06.2025 passed by Additional Principal Judge, Family Court No.1, District Muzaffarnagar in Misc. Application No. 124/11 of 2023 (Kashif Vs. Smt. Sana @Farha), u/s 126(2) Cr.P.C. whereby the recall application of the applicant was rejected only on the ground of delay and further may be directed to the Additional Principal Judge, Family Court No.1, District-Muzaffarnagar to decide the application as well as case of the opposite party no.2 on merit, due to inherent technical defect with liberty to file fresh. 3. Learned AGA has no objection to the same. 4. The present application is withdrawn and consigned to record with liberty as aforesaid. Order Date :- 24.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad