Court No. - 70
Case :- APPLICATION U/S 482 No. - 20868 of 2019 Applicant :- Pushpendra Singh Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Misra,Sri Viresh Misra, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Viresh Misra, learned Senior Advocate assisted by Mr. S.K. Dubey, learned counsel for the applicant and Mr. Ratnendra Kumar Singh, learned Additional Government Advocate representing the State.
On 27th of May, 2019 following order was passed by this Court in the matter :-
"On the matter being taken up, a preliminary objection has been raised by Sri Ratnendra Kumar Singh, learned AGA that the investigation regarding the present applicant Pushpendra Singh Chauhan is still pending and averment in this regard has been mentioned at the bottom of the charge- sheet dated 27.2.2019 itself, therefore, the present application filed on behalf of the applicant, Pushpendra Singh Chauhan is not maintainable at this stage.
On the request made by Sri Viresh Misra, learned Senior Advocate assisted by Sri S.K. Dubey, learned counsel for the applicant, put up this case day after tomorrow as fresh. "
Mr. Viresh Misra, learned Senior Advocate at the very outset fairly submitted that as on date there is no charge sheet against the present applicant, Pushpendra Singh Chauhan in this case, therefore, he does not want to press this application and he may be permitted to withdraw the same with liberty to file a fresh application, in case charge sheet is submitted against the applicant.
The prayer so made is allowed.
The present application is dismissed as withdrawn with liberty to the applicant to file fresh application, in case charge sheet is submitted against him.
Office is directed to return the copy of the charge sheet, appended as annexure No. 7 to the application to the learned counsel for the applicant after retaining the xerox copy of the same on record.
Order Date :- 29.5.2019 Sumaira