Arun Kumar Singh And Another vs State Of U.P. And Another
2023 Latest Caselaw 10126 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 6006 of 2023
 

 
Applicant :- Arun Kumar Singh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Padmaker Pandey
 
Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicants, Sri Rajesh Kumar Srivastava, counsel for the opposite party no.2 and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the judgment and order dated 25.1.2023 passed by Additional District and Session Judge, Court No. 18, Kanpur Nagar in Session Trial No. 1156 of 2021 (State vs. Rahul), under Section 498A, 304B IPC and 3/4 D.P. Act, P.S. Kalyanpur Kanpur Nagar.

At the very outset, learned AGA raised a preliminary objection that order impugned in present application is revisable in terms of Section 397/401 Cr.P.C. As such, the present application is not maintainable.

Confronted with the above, counsel for the applicants submits that he may be permitted to withdraw the instant application with liberty to file a revision.

In view of the above, the present application is dismissed as withdrawn with the aforesaid liberty.

Let the certified copy of the documents, if any, be returned to the counsel for the applicant as per Rules of the Court.

Order Date :- 5.4.2023

S.S.