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Mukesh Bhardwaj @ Mukesh Kumar vs State Of U.P. And Another on 5 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39724 of 2019

Applicant :- Mukesh Bhardwaj @ Mukesh Kumar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Atul Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 07.09.2019 passed by Civil Judge (Senior Division) FTC/ACJM, Gautam Budh Nagar, whereby applicant has been summoned as an additional accused in exercise of powers under Section 319 Cr.P.C. to face trial under Section 498A, Section323, Section504, Section506, Section406 IPC and 3/4 D.P. Act arising out of case crime no.69 of 2015, Police Station Mahila Thana, District Gautam Budh Nagar.

At the outset, learned AGA raised a preliminary objection that impugned order dated 7.9.2019 is a final order, therefore, present application under Section 482 Cr.P.C. is not maintainable, but criminal revision is maintainable.

On the said preliminary objection, learned counsel for the applicant submitted that he does not want to press this application at this stage and he may be permitted to withdraw this application with liberty to file a criminal revision with better particulars.

In view of the statement made by Sri Atul Srivastava, learned counsel for the applicant, present application is dismissed as withdrawn with liberty to file criminal revision.

Certified copy of FIR and impugned order be returned to the learned counsel for the applicant after retaining the xerox copy of the same on record.

Order Date :- 5.11.2019

AK Pandey

 

 

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