Ganpat and 6 Others v. State of U.P. and 6 Others

Court No. - 88 Case :- APPLICATION U/S 482 No. - 26928 of 2023 Applicant :- Ganpat And 6 Others Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.,Kaushal Kishor Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants and learned counsel appearing on behalf of opposite party nos. 2 to 9. The proceedings of Sessions Trial (S.T.) No. 221 of 2004 (State vs.Radheyshyam and others) arising out of case crime no. 259A of 2001, under Sections 147, 148, 149, 324, 323, 504, 506, 352, 336, 452, 325 I.P.C., Police Station Ramkola, District Kushinagar pending in the court of Special Judge, SC/ST, Kushinagar are under challenge on the basis of compromise dated 14.11.2022. It is submitted by learned counsel for the applicants that during the pendency of this application, he came to know that the compromise application dated 14.11.2022 of the parties concerned has been rejected by the trial court vide order dated

30.11.2022 but the same has not been challenged in the instant application, therefore, the applicants do not want to press this application at this stage and they may be permitted to withdraw this application with liberty to file fresh application with better particulars. Learned A.G.A. has no objection to such prayer of the applicants. In view of the statement made by Mr. Bishram Tiwari, learned counsel for the applicants at the Bar, the instant application is dismissed as not pressed. OfÏce is directed to return the certified copy of the documents to counsel for the applicants within three days after retaining the xerox copy of the same on record. Order Date :- 2.11.2023 Saurabh High Court of Judicature at Allahabad