Mohd. Rafeeq v. State of U.P.And Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 38684 of 2023 Applicant :- Mohd. Rafeeq Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shrawan Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

¶2By means of this application under Section 482 Cr.P.C., the applicant has challenged the order dated 25.07.2023 passed by the trial Court in exercise of powers under Section 319 Cr.P.C. whereby the applicant has been summoned as an additional accused to face trial.

¶3At the outset, learned A.G.A. for the State has raised a preliminary objection to the maintainability of the present application by contending that in the light of the judgment of the Supreme Court in the case of Mohit alias Sonu and Another Vs. State of U.P. and Another, (2013) 7 SCC 789, the instant application under Section 482 Cr.P.C. is not maintainable against the summoning order under Section 319 Cr.P.C.

¶4In response, learned counsel for the applicant submits that he does not want to press this application, therefore, the same may be dismissed as withdrawn with liberty to file criminal revision against the impugned summoning order dated 25.07.2023.

¶5Accordingly, the application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty as prayed for.

¶6Office is directed to return certified copy of the documents, if any, after retaining the xerox copy of the same to learned counsel for the applicant within three days. Order Date :- 6.11.2023 Shubham High Court of Judicature at Allahabad