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Neutral Citation No. - 2025:AHC:42871 Court No. - 73 Case :- APPLICATION U/S 482 No. - 28361 of 2024 Applicant :- Imran Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- Anand Kumar Srivastava,G.A.,Vijay Shanker Hon'ble Vikas Budhwar,J.
1. Heard Sri Sailesh Kumar Pandey, learned counsel for the applicant, Sri Sudhir Kumar Chandraul, learned AGA for the State and Sri Anand Kumar Srivastava for opposite party No. 2.
2. This application u/s 482 of the Cr.P.C. has been filed for quashing the entire proceedings of summoning order dated 09.08.2023 passed by learned Additional Civil Judge (J.D.), Court No. 6/Judicial Magistrate, Varanasi in Complaint Case No. 87631 of 2023 under Section 138 of NI Act, P.S. Chitaipur, District Varanasi.
3. At the very outset, the learned counsel for the opposite party no. 2 has produced before this Court an order dated 20.07.2024 passed by the Court of Additional Sessions Judge, Court No. 5, Varanasi in Criminal Revision No. 348 of 2023 whereby the summoning
order dated 09.08.2023 passed in Complaint Case No. 87631 of 2023 was subject matter of challenge which resulted in dismissal on 20.07.2024. Learned counsel for the applicant submits that the application be dismissed as withdrawn with liberty to take appropriate proceedings questioning the said order.
4. Accordingly, the application is dismissed as withdrawn with the aforesaid liberty.
5. Copy of the order dated 20.07.2024 passed in Criminal Revision No. 348 of 2023 is taken on record and marked as appendix 'A'.
Order Date :- 24.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad