Citation : 2023 Latest Caselaw 17308 ALL
Judgement Date : 13 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:138970 Court No. - 88 Case :- APPLICATION U/S 482 No. - 23797 of 2023 Applicant :- Amrit Lal Yadav Amd 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Markande Singh Yadav,Sajan Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State of U.P./opposite party no. 1.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned summoning order dated 03.11.2021 and entire proceedings in Complaint Case No. 329 of 2021 (Rakesh Kumar Bhartiya vs. Amrit Lal Yadav and others), under Sections 323, 504, 506 I.P.C. and Section 3(2)Va of SC/ST Act, Police Station Uttaron, District Allahabad.
At the outset, learned A.G.A. raised a preliminary objection that in view of Section 14(A) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Full Bench judgment of this Court in the case of Satyendra and another vs. State of U.P., 2018 (10) ADJ 634, the instant application is not maintainable.
In response, learned counsel for the applicants submits that he does not want to press this application and he may be permitted to withdraw this application with liberty to file a statutory appeal under Section 14(A) of SC/ST Act.
Accordingly, the instant application is dismissed as withdrawn with the aforesaid liberty.
Office is directed to return the certified copy of the documents, if any, to the counsel for the applicants within a week after retaining the photostat copy of the same on record.
Order Date :- 13.7.2023
Saurabh
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