Parvez Khan vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Facts

The applicant, Parvez Khan, filed an application under Section 482 of the Code of Criminal Procedure before the High Court. The application concerned issues related to a bank account and a GST account. The applicant's counsel, when confronted with facts regarding the status of a specific HDFC Bank account and the GST account on the date a cheque was issued by a partner of M/s Hindustan Electronics on November 15, 2021, sought permission to withdraw the application. The applicant wished to raise all available pleas before the trial court. The Opposite Party was the State of U.P. through the Principal Secretary, Home, and another.

Held

The Court allowed the prayer of the applicant to withdraw the application filed under Section 482 Cr.P.C. The Court held that the application is dismissed as withdrawn with the liberty granted to the applicant to raise all pleas available before the trial court. The reasoning for this decision is based on the applicant's request to withdraw due to the factual queries posed by the Court regarding the bank and GST account status on the relevant date. The operative direction is the dismissal of the application as withdrawn with liberty to the applicant. No issues were expressly left undecided, as the application was withdrawn.

Key Issues

1. Whether the applicant should be permitted to withdraw the application filed under Section 482 Cr.P.C. with liberty to raise all pleas before the trial court, given the factual queries raised by the Court concerning a bank account and a GST account on a specific date (November 15, 2021). Petitioner's Argument: The petitioner, through their counsel, sought permission to withdraw the application with liberty to pursue all available remedies before the trial court, implicitly acknowledging the need to address the factual aspects raised by the Court. Revenue/State's Argument: The judgment records no specific argument from the learned A.G.A. for the State.