Afroz Ahmad And Another vs State Of U.P. And Another
2022 Latest Caselaw 10506 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 20748 of 2022
 

 
Applicant :- Afroz Ahmad And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Phool Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

The present 482 Cr.P.C. application has been filed with a prayer to quash the criminal proceeding initiated against the applicants in pursuance of charge sheet no. 01 of 2018 dated 27.10.2018 in Criminal Case No. 387 of 2018 arising out of Case Crime No. 535 of 2018, under Sections 323, 504 I.P.C. and Section 3(2)(va), 3(1)(s) SC/ST Act, Police Station Koharaj, District Kaushambi, pending in the Court of Special Judge, SC/ST Act, Kaushambi with a further prayer to stay the aforesaid charge sheet and proceedings of aforesaid case.

In view of Full Bench judgment passed by this Court in the case of Ghulam Rasool Khan and others Vs. State of U.P. and others (Criminal Appeal No.1000 of 2018) on 28.07.2022, the application under Section 482 Cr.P.C. is not maintainable, however, appeal will lie under Section 14 A of SC/ST Act.

At this stage, learned counsel for the applicant submits that he does not want to press the present application and the same may be dismissed as not pressed with liberty to file an appeal.

Accordingly, the present application is dismissed as not pressed with the aforesaid liberty.

Certified copy, if any, shall be returned to learned counsel for the applicant after retaining xerox copy of the same.

Order Date :- 17.8.2022

Krishna*