Amaresh Tiwari v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35945 of 2023 Applicant :- Amaresh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Dohare,Gyanesh Singh,Laukendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State/ opposite party no.1. This instant application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to quash the summoning order dated 05.06.2023 in Complaint Case No. 153 of 2021 (Kaushlesh Pasi Vs. Amaresh Tiwari and others), under Sections 323 & 504 I.P.C. and Sections 3(2) Va of S.C./S.T. Act, Police Station Meja, District Allahabad, pending in the Court of learned Special Judge (S.C./S.T.) Act, Allahabad. At the outset, learned A.G.A. for the State has raised a preliminary objection that in view of Section 14(A) of S.C./S.T. Act, the instant application is not maintainable and the relief as sought for by means of this application cannot be granted to the applicant. In response, learned counsel for the applicant submits that he does not want to press this application, therefore, he may be allowed to withdraw the same with liberty to file statutory appeal under Section 14(A) of S.C./S.T. Act. In view of the statement made by learned counsel for the applicant at the Bar, the instant application is dismissed as not pressed with liberty as prayed for. OfÏce is directed to return the certified copy of the documents to the learned counsel for applicant within three days after retaining xerox copy of the same on record. Order Date :- 6.12.2023//Anurag/- High Court of Judicature at Allahabad