Court No. - 44
Case :- APPLICATION U/S 482 No. - 28310 of 2018 Applicant :- Athar Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shahnawaz Khan, Advocate holding brief of Mr. Shahabuddin learned counsel for the applicant and the learned A.G.A. for the State.
The matter was taken up on 12.09.2018 and the court passed the following order:
"Heard Mr. Shahabuddin, learned counsel for the applicant and the learned A.G.A. for the State.
On the matter being taken up, learned counsel for the applicant very fairly submits that the present application be taken up after 15 days so that during this interregnum an Application Under Section 482 may be filed on behalf of the husband.
Prayer made for is bonafide. Accordingly, the same is allowed. Let the present petition come up on 26.09.2018 as fresh.
In the meanwhile, an Application under Section 482 Cr.P.C. on behalf of the husband shall also be filed. "
Today, learned counsel for the applicant submits that the Application U/s 482 Cr.P.C. on behalf of the husband could not be filed for certain reasons. He therefore submits that the present application may be dismissed as withdrawn with liberty to file a fresh application under Section 482 Cr.P.C. taking into consideration the order dated 12.09.2018.
Prayer made for is bonafide. Accordingly, the same is allowed.
The present application is dismissed as not pressed with liberty to file fresh.
Certified copy of the impugned order be returned to the learned counsel for the applicant after obtaining a photostat copy of the same to be kept on record.
Order Date :- 27.9.2018 YK