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Neutral Citation No. - 2025:AHC:141962 Court No. - 89 Case :- APPLICATION U/S 528 BNSS No. - 30494 of 2025 Applicant :- Dharmpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manava Nand Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Mr. Manava Nand Chaurasiya, learned counsel for the applicant and Sri S.D. Shukla, learned AGA for the State.
2. Instant application has been filed with the prayer to quash the impugned order dated 22.5.2025 passed by the learned Special Judge (E.C. Act), Hamirpur in Sessions Trial No. 149 of 2018 arising out of Case Crime No. 271 of 2018, under sections 452, 354B, 376, 511 IPC, P.S. Rath, District Hamirpur. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application.
3. It is contended by learned counsel for the applicant that a criminal case has been lodged against son of applicant in which proceedings under sections 82 and 83 Cr.P.C. have been executed. Learned trial court has ordered for issuance of process under section 83 Cr.P.C. Learned counsel further submitted that he apprehends that his property may be attached in execution of process under section 83 Cr.P.C. as directed by the learned court concerned.
4. On the other hand, learned AGA submits that the application of the applicant is premature as nowhere it has been stated that the property of the applicant has been attached in execution of the process under section 83 Cr.P.C. It is further submitted that there is also specific provision under section 84 Cr.P.C. which provides for deciding the claims and objections regarding wrongful attachment of the property of a person other than the accused.
5. At this stage learned counsel for the applicant seeks permission of the Court to withdraw the present application with liberty to avail appropriate alternative remedy available to him under the relevant provision or law.
6. In view of the above, the application is dismissed as withdrawn with aforesaid liberty. Order Date :- 20.8.2025/SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad